CELEX: 62012TN0551
Language: en
Date: 2012-12-27 00:00:00
Title: Case T-551/12: Action brought on 27 December 2012 — Coppenrath-Verlag v OHIM — Sembella (Rebella)

23.2.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 55/20
            
         Action brought on 27 December 2012 — Coppenrath-Verlag v OHIM — Sembella (Rebella)
   (Case T-551/12)
   2013/C 55/35
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Coppenrath-Verlag GmbH & Co. KG (Münster, Germany) (represented by: D. Pohl, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Sembella GmbH (Timelkam, Austria)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 October 2012 in Case R 1681/2011-2;
            
         
               —
            
            
               Order OHIM to pay the costs including those incurred in the course of the appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the word mark ‘Rebella’ for goods in Classes 20 and 24 — Community trade mark application No 8 498 735
   
      Proprietor of the mark or sign cited in the opposition proceedings: Sembella GmbH
   
      Mark or sign cited in opposition: the word mark ‘Sembella’ for goods in Classes 17, 20 and 22
   
      Decision of the Opposition Division: the opposition was upheld in part
   
      Decision of the Board of Appeal: the appeal was dismissed and the application was accordingly rejected
   
      Pleas in law: Infringement of Article 42(2) of Regulation No 207/2009 and infringement of Article 8(1)(b) of Regulation No 207/2009