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Document 62012TN0356

Case T-356/12: Action brought on 6 August 2012 — Debonair Trading Internacional v OHIM — Ibercosmetica (SÔ:UNIC)

OJ C 311, 13.10.2012, p. 12–13 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

13.10.2012   

EN

Official Journal of the European Union

C 311/12

Action brought on 6 August 2012 — Debonair Trading Internacional v OHIM — Ibercosmetica (SÔ:UNIC)

(Case T-356/12)

2012/C 311/16

Language in which the application was lodged: English

Parties

Applicant: Debonair Trading Internacional Lda (Funcha, Madeira) (represented by: T. Alkin, Barrister)

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

Other party to the proceedings before the Board of Appeal: Ibercosmetica, SA de CV (Mexico City, Mexico)

Form of order sought

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2012 in case R 1033/2011-4;

—

Order the other party to pay the costs incurred by the applicant.

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 ‘SÔ:UNIC’, for goods in class 3 — Community trade mark application No 8197972

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

Mark or sign cited in opposition: A series of 24 Community, International, UK and Irish registered trade marks consisting of the word ‘SO’ combined with other material, for goods in class 3; A series of 17 unregistered signs consisting of the word ‘SO’ combined with other material, used in connection with goods in class 3

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

—

Infringement of Article 8(1)(b) of Council Regulation No 207/2009;

—

Infringement of Rule 15(2)(b)(iii) of Commission Regulation No 2868/95; and

—

Infringement of Article 8(4) of Council Regulation No 207/2009.
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