CELEX: 62012TN0292
Language: en
Date: 2012-07-03 00:00:00
Title: Case T-292/12: Action brought on 3 July 2012 — Mega Brands v OHIM — Diset (MAGNEXT)

8.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 273/14
            
         Action brought on 3 July 2012 — Mega Brands v OHIM — Diset (MAGNEXT)
   (Case T-292/12)
   2012/C 273/25
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Mega Brands International, Luxembourg, Zweigniederlassung Zug (Zug, Suisse) (represented by: A. Nordemann, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Diset, SA (Barcelona, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 April 2012 in case R 1722/2011-4 and reject the opposition No B 1681447; and
            
         
               —
            
            
               Order the defendant to bear the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘MAGNEXT’, for goods in class 28 — Community trade mark application No 8990591
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Spanish trade mark registration No 2550099 of the word mark ‘MAGNET 4’, for goods in class 28; Community trade mark registration No 3840121 of the figurative mark ‘Diset Magnetics’, for goods and services in classes 16, 28 and 41
   
      Decision of the Opposition Division: Upheld the opposition and rejected the application in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.