CELEX: 62012TN0211
Language: en
Date: 2012-05-14 00:00:00
Title: Case T-211/12: Action brought on 14 May 2012 — Hübner v OHIM — Silesia Gerhard Hanke (Original silicea Kieselsäure-Gel)

14.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/12
            
         Action brought on 14 May 2012 — Hübner v OHIM — Silesia Gerhard Hanke (Original silicea Kieselsäure-Gel)
   (Case T-211/12)
   2012/C 209/21
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Anton Hübner GmbH & Co. KG (Ehrenkirchen, Germany) (represented by: A. Kirchgäßner, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Silesia Gerhard Hanke GmbH & Co. KG (Neuss, Germany)
   
      Form of order sought
   
   
               —
            
            
               Amend the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2012 in case R 351/2011-1 as follows: The decision of the Opposition Division is annulled to the extent to which it has been the subject of the appeal, and the opposition is rejected in its entirety;
            
         
               —
            
            
               Order the intervener to pay the costs of the proceedings, including the costs incurred during the appeal procedure.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Anton Hübner GmbH & Co. KG
   
      Community trade mark concerned: Figurative mark ‘Original silicea Kieselsäure-Gel’ for goods in Classes 3 and 5 — application No 8 178 576
   
      Proprietor of the mark or sign cited in the opposition proceedings: Silesia Gerhard Hanke GmbH & Co. KG
   
      Mark or sign cited in opposition: National word mark ‘Silesia’ for goods in Classes 2, 3, 5, 29, 30, 32 and 33
   
      Decision of the Opposition Division: Opposition allowed in part
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 8(2)(b) of Regulation No 207/2009