This document is an excerpt from the EUR-Lex website
Document 62012TN0568
Case T-568/12: Action brought on 17 December 2012 — Golam v OHIM — Derby Cycle Werke (FOCUS extreme)
Case T-568/12: Action brought on 17 December 2012 — Golam v OHIM — Derby Cycle Werke (FOCUS extreme)
Case T-568/12: Action brought on 17 December 2012 — Golam v OHIM — Derby Cycle Werke (FOCUS extreme)
OJ C 63, 2.3.2013, p. 23–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
2.3.2013 |
EN |
Official Journal of the European Union |
C 63/23 |
Action brought on 17 December 2012 — Golam v OHIM — Derby Cycle Werke (FOCUS extreme)
(Case T-568/12)
2013/C 63/47
Language in which the application was lodged: Greek
Parties
Applicant: Sofia Golam (Athens, Greece) (represented by: N. Trovas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Derby Cycle Werke GmbH (Cloppenburg, Germany)
Form of order sought
The applicant claims that the General Court should:
|
— |
uphold the present action, so as to annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 October 2012 in Case R 2327/2011-4; |
|
— |
reject the opposition of the other party before the Board of Appeal and grant the application lodged by the applicant in its entirety; |
|
— |
order the other party before the Board of Appeal to pay the applicant the costs of the present proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: Sofia Golam
Community trade mark concerned: the figurative mark ‘FOCUS extreme’ for goods in Classes 5, 16 and 25 — Community trade mark application No 894587
Proprietor of the mark or sign cited in the opposition proceedings: Derby Cycle Werke GmbH
Mark or sign cited in opposition: the German word mark ‘FOCUS’ which has been registered under No 2062620, for goods in Class 25
Decision of the Opposition Division: opposition upheld
Decision of the Board of Appeal: appeal dismissed
Pleas in law: infringement of Article 8(1)(b) and (5) of Council Regulation No 207/2009 of 26 February 2009