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Document 62012TN0193
Case T-193/12: Action brought on 8 May 2012 — MIP Metro v OHIM — Holsten-Brauerei (H)
Case T-193/12: Action brought on 8 May 2012 — MIP Metro v OHIM — Holsten-Brauerei (H)
Case T-193/12: Action brought on 8 May 2012 — MIP Metro v OHIM — Holsten-Brauerei (H)
OJ C 194, 30.6.2012, p. 26–27
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 08/05/2012
- Date lodged:
- 08/05/2012
- Author:
- General Court
- Form:
- Judicial information
- Authentic language:
- German
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
- Link
- EUROVOC descriptor:
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30.6.2012 |
EN |
Official Journal of the European Union |
C 194/26 |
Action brought on 8 May 2012 — MIP Metro v OHIM — Holsten-Brauerei (H)
(Case T-193/12)
2012/C 194/44
Language in which the application was lodged: German
Parties
Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Holsten-Brauerei AG (Hamburg, Germany)
Form of order sought
The applicant claims that the Court should:
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annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 February 2012 in Case R 2340/2010-1 on the basis of incompatibility with Article 8(1)(b) of Regulation (EC) No 40/94 on the Community Trade Mark, in so far as it upheld the opposition against the extension of protection of international registration No 984 017; |
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order the defendant to pay the costs, including the costs of the appeal procedure. |
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the international registration which has effect in the European Union of a figurative mark representing an escutcheon with the letter ‘H’ for goods in Class 32 — No 984 017
Proprietor of the mark or sign cited in the opposition proceedings: Holsten-Brauerei AG
Mark or sign cited in opposition: the German figurative mark representing a knight on horseback with a shield bearing the letter ‘H’ for goods in Class 32
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009
