CELEX: 62012TN0356
Language: en
Date: 2012-08-06 00:00:00
Title: Case T-356/12: Action brought on 6 August 2012 — Debonair Trading Internacional v OHIM — Ibercosmetica (SÔ:UNIC)

13.10.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 311/12
            
         Action brought on 6 August 2012 — Debonair Trading Internacional v OHIM — Ibercosmetica (SÔ:UNIC)
   (Case T-356/12)
   2012/C 311/16
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Debonair Trading Internacional Lda (Funcha, Madeira) (represented by: T. Alkin, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Ibercosmetica, SA de CV (Mexico City, Mexico)
   
      Form of order sought
   
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2012 in case R 1033/2011-4;
            
         
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               Order the other party to pay the costs incurred by the applicant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The word mark ‘SÔ:UNIC’, for goods in class 3 — Community trade mark application No 8197972
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: A series of 24 Community, International, UK and Irish registered trade marks consisting of the word ‘SO’ combined with other material, for goods in class 3; A series of 17 unregistered signs consisting of the word ‘SO’ combined with other material, used in connection with goods in class 3
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law:
   
   
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               Infringement of Article 8(1)(b) of Council Regulation No 207/2009;
            
         
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               Infringement of Rule 15(2)(b)(iii) of Commission Regulation No 2868/95; and
            
         
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               Infringement of Article 8(4) of Council Regulation No 207/2009.