CELEX: 62012TN0243
Language: en
Date: 2012-05-29 00:00:00
Title: Case T-243/12: Action brought on 29 May 2012 — International Brands Germany v OHIM — Stuffer (ALOHA 100 % NATURAL)

21.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/28
            
         Action brought on 29 May 2012 — International Brands Germany v OHIM — Stuffer (ALOHA 100 % NATURAL)
   (Case T-243/12)
   2012/C 217/58
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: International Brands Germany GmbH & Co. KG (Paderborn, Germany) (represented by: B. Hein and M. Hoffmann, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Stuffer SpA (Bolzano, Italy)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 March 2012 in case R 1058/2011-1 and reject the opposition;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings, including those incurred during the appeal procedure.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: International Brands Germany GmbH & Co. KG
   
      Community trade mark concerned: Figurative mark ‘ALOHA 100 % NATURAL’ for goods in Class 32 — application No 7 050 701
   
      Proprietor of the mark or sign cited in the opposition proceedings: Stuffer SpA
   
      Mark or sign cited in opposition: National word mark ‘ALOA’ for goods in Class 32
   
      Decision of the Opposition Division: Opposition allowed
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009