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Document 62012TN0533
Case T-533/12: Action brought on 7 December 2012 — IBSolution v OHIM — IBS (IBSolution)
Case T-533/12: Action brought on 7 December 2012 — IBSolution v OHIM — IBS (IBSolution)
Case T-533/12: Action brought on 7 December 2012 — IBSolution v OHIM — IBS (IBSolution)
OJ C 46, 16.2.2013, p. 19–19
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
16.2.2013 |
EN |
Official Journal of the European Union |
C 46/19 |
Action brought on 7 December 2012 — IBSolution v OHIM — IBS (IBSolution)
(Case T-533/12)
2013/C 46/35
Language in which the application was lodged: English
Parties
Applicant: IBSolution GmbH (Neckarsulm, Germany) (represented by: F. Ekey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: IBS AB (Solna, Sweden)
Form of order sought
The applicant claims that the Court should:
— |
Declare the action to be well founded; |
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2012 in case R 771/2011-2; |
— |
Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2012 in case R 771/2011-2, by granting registration of the trade mark applied for; and |
— |
Order the defendant to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘IBSolution’, for services in classes 35, 41 and 42 — Community trade mark application No 8421877
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: Community trade mark registration No 38729 of the figurative mark ‘IBS’, for goods and services in classes 9, 16, 35, 41 and 42
Decision of the Opposition Division: Partially upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 207/2009.