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Document 62012TN0292

    Case T-292/12: Action brought on 3 July 2012 — Mega Brands v OHIM — Diset (MAGNEXT)

    OJ C 273, 8.9.2012, p. 14–14 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    8.9.2012   

    EN

    Official Journal of the European Union

    C 273/14

    Action brought on 3 July 2012 — Mega Brands v OHIM — Diset (MAGNEXT)

    (Case T-292/12)

    2012/C 273/25

    Language in which the application was lodged: English

    Parties

    Applicant: Mega Brands International, Luxembourg, Zweigniederlassung Zug (Zug, Suisse) (represented by: A. Nordemann, lawyer)

    Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

    Other party to the proceedings before the Board of Appeal: Diset, SA (Barcelona, Spain)

    Form of order sought

    —

    Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 April 2012 in case R 1722/2011-4 and reject the opposition No B 1681447; and

    —

    Order the defendant to bear the costs of the proceedings.

    Pleas in law and main arguments

    Applicant for a Community trade mark: The applicant

    Community trade mark concerned: The word mark ‘MAGNEXT’, for goods in class 28 — Community trade mark application No 8990591

    Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

    Mark or sign cited in opposition: Spanish trade mark registration No 2550099 of the word mark ‘MAGNET 4’, for goods in class 28; Community trade mark registration No 3840121 of the figurative mark ‘Diset Magnetics’, for goods and services in classes 16, 28 and 41

    Decision of the Opposition Division: Upheld the opposition and rejected the application in its entirety

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.

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