Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62013TN0344

    Case T-344/13: Action brought on 28 June 2013 — Out of the blue/OHIM — Dubois et al. (FUNNY BANDS)

    OJ C 260, 7.9.2013, p. 43–43 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
    OJ C 260, 7.9.2013, p. 33–33 (HR)

    7.9.2013   

    EN

    Official Journal of the European Union

    C 260/43

    Action brought on 28 June 2013 — Out of the blue/OHIM — Dubois et al. (FUNNY BANDS)

    (Case T-344/13)

    2013/C 260/77

    Language in which the application was lodged: English

    Parties

    Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)

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

    Other party to the proceedings before the Board of Appeal: Frédéric Dubois et al. (Lasne, Belgium)

    Form of order sought

    The applicant claims that the Court should:

    —

    Overturn the Decision of the Second Board of Appeal of 4 April 2013, Case R 542/2012-2;

    —

    Order OHIM to bear its own costs as well as the costs of the applicant;

    —

    In the event that Mr. DUBOIS joins in these proceedings as an intervening party, order the intervening party to bear its own costs.

    Pleas in law and main arguments

    Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

    Community trade mark concerned: The word mark containing the word element ‘FUNNY BANDS’ for goods and services in classes 14, 17 and 35 — Community trade mark application No 9 350 794

    Proprietor of the mark or sign cited in the opposition proceedings: The applicant

    Mark or sign cited in opposition: German non-registered sign ‘FUNNY BANDS’ several goods and services and activities

    Decision of the Opposition Division: Rejected the opposition

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Article 8(4) of Council Regulation No 207/2009.

    Top