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Document 62012TN0231

    Case T-231/12: Action brought on 30 May 2012 — Rocket Dog Brands/OHIM — Julius-K9 (JULIUS K9)

    OJ C 227, 28.7.2012, p. 27–28 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    28.7.2012   

    EN

    Official Journal of the European Union

    C 227/27


    Action brought on 30 May 2012 — Rocket Dog Brands/OHIM — Julius-K9 (JULIUS K9)

    (Case T-231/12)

    2012/C 227/47

    Language in which the application was lodged: English

    Parties

    Applicant: Rocket Dog Brands LLC (Heywood, USA) (represented by: C. Aikens, Barrister)

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

    Other party to the proceedings before the Board of Appeal: Julius-K9 bt (Szigetszentmiklós, Hungary)

    Form of order sought

    To annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 21 March 2012 (R 1124/2011-4) insofar as it rejects the Opposition in relation to all goods in class 25; and

    to order the Applicant to pay the costs incurred by the Opponent

    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 ‘JULIUS K9’ for goods in Classes 18, 25 and 28 — Community trade mark application No 8 542 201

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

    Mark or sign cited in opposition: Two figurative marks depicting a dog, (crossed) bone(s) and the alphanumeric combination ‘K 9’ for goods in Classes 14, 18 and 25

    Decision of the Opposition Division: Rejected the opposition

    Decision of the Board of Appeal: Dismissed the appeal

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


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