This document is an excerpt from the EUR-Lex website
Document 62012TN0087
Case T-87/12: Action brought on 23 February 2012 — Duff Beer v OHIM — Twentieth Century Fox Film (Duff)
Case T-87/12: Action brought on 23 February 2012 — Duff Beer v OHIM — Twentieth Century Fox Film (Duff)
Case T-87/12: Action brought on 23 February 2012 — Duff Beer v OHIM — Twentieth Century Fox Film (Duff)
OJ C 109, 14.4.2012, p. 32–32
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
14.4.2012 |
EN |
Official Journal of the European Union |
C 109/32 |
Action brought on 23 February 2012 — Duff Beer v OHIM — Twentieth Century Fox Film (Duff)
(Case T-87/12)
2012/C 109/64
Language in which the application was lodged: German
Parties
Applicant: Duff Beer UG (Eschwege, Germany) (represented by: N. Schindler, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Twentieth Century Fox Film Corporation (Los Angeles, United States of America)
Form of order sought
The applicant claims that the Court should:
|
— |
annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 December 2011 (Case R 0456/2011-4) and the decision of the Opposition Division of OHIM of 14 January 2011 (No B 1 603 771); |
|
— |
order OHIM to bear its own costs and to pay the costs incurred by the applicant; |
|
— |
in the alternative, stay the proceedings until the delivery of final decisions on the application for revocation pending before OHIM under the reference number 000005227 C and the nullity of Community trade mark No 001341130 declared by the Court of Commerce of Brussels under the reference numbers 2009/6122 and 2009/6129. |
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the figurative mark ‘Duff’ in the colours black, white and red for goods and services in Classes 32, 35 and 41 (application No 8 351 091).
Proprietor of the mark or sign cited in the opposition proceedings: Twentieth Century Fox Film Corporation
Mark or sign cited in opposition: the figurative mark ‘Duff BEER’ (Community trade mark No 1 341 130) for goods in Class 32
Decision of the Opposition Division: the opposition was upheld in part for goods and services in Classes 32 and 35
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(2)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue and infringement of rule 20(7)(c) in conjunction with rule 50(1) of Regulation No 2868/95 due to the Board of Appeal’s incorrect exercise of its discretion as regards the applicant’s application to suspend the appeal proceedings.