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Document 62012TN0533

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.

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