CELEX: 62013TN0297
Language: en
Date: 2013-05-29 00:00:00
Title: Case T-297/13: Action brought on 29 May 2013 — Junited Autoglas Deutschland/OHIM — Belron Hungary (United Autoglas)

27.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 215/16
            
         Action brought on 29 May 2013 — Junited Autoglas Deutschland/OHIM — Belron Hungary (United Autoglas)
   (Case T-297/13)
   2013/C 215/22
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Junited Autoglas Deutschland (Cologne, Germany) (represented by: C. Weil, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Belron Hungary Kft — Zug Branch (Zug, Switzerland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the contested decision;
            
         
               —
            
            
               Dismiss the opposition filed by the intervener to the application for registration of the Community trademark ‘United Autoglas’;
            
         
               —
            
            
               Order OHIM to pay the costs, including those incurred by the applicant before the board of Appeal;
            
         
               —
            
            
               Order the intervener to pay the costs, including those incurred by the applicant before the board of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘United Autoglas’ for goods and services in classes 1, 12 and 37 — Community trade mark registration No 6 025 498
   
      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: United Kingdom and Polish trade mark registrations of figurative marks containing the word element ‘AUTOGLASS’ and the word marks ‘AUTOGLASS’ for goods and services in classes 12, 21 et 37
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) and (5) of Council Regulation No 207/2009.