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Dokument 62012TN0330
Case T-330/12: Action brought on 19 July 2012 — Hut.com v OHIM — Intersport France (THE HUT)
Case T-330/12: Action brought on 19 July 2012 — Hut.com v OHIM — Intersport France (THE HUT)
Case T-330/12: Action brought on 19 July 2012 — Hut.com v OHIM — Intersport France (THE HUT)
OJ C 295, 29.9.2012, s. 27–27
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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29.9.2012 |
EN |
Official Journal of the European Union |
C 295/27 |
Action brought on 19 July 2012 — Hut.com v OHIM — Intersport France (THE HUT)
(Case T-330/12)
2012/C 295/48
Language in which the application was lodged: English
Parties
Applicant: The Hut.com Ltd (Northwich, United Kingdom) (represented by: S. Malynicz, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Intersport France (Longjumeau, France)
Form of order sought
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 April 2012 in case R 814/2011-2; and |
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Order the defendant and the other party before the Board of Appeal to bear their own costs and pay those of the applicant. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘THE HUT’, for inter alias services in class 35 — Community trade mark application No 8394091
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: French trade mark registration No 33228708 of the word mark ‘LA HUTTE’, for goods in classes 3, 5, 18, 22, 25 and 28
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Partially annulled the contested decision
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009