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Document 62012TN0395

    Case T-395/12: Action brought on 4 September 2012 — Fetim v OHIM — Solid Floor (Solidfloor The professional's choice)

    OJ C 355, 17.11.2012, p. 32–32 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    17.11.2012   

    EN

    Official Journal of the European Union

    C 355/32

    Action brought on 4 September 2012 — Fetim v OHIM — Solid Floor (Solidfloor The professional's choice)

    (Case T-395/12)

    2012/C 355/68

    Language in which the application was lodged: English

    Parties

    Applicant: Fetim BV (Amsterdam, Netherlands) (represented by: L. Bakers, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Solid Floor Ltd (London, United Kingdom)

    Form of order sought

    —

    Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 June 2012 in case R 884/2011-2; and

    —

    Order OHIM to pay the costs of the proceedings.

    Pleas in law and main arguments

    Applicant for a Community trade mark: The applicant

    Community trade mark concerned: The figurative mark ‘Solidfloor The professional’s choice’, for goods in class 19 — Community trade mark application No 5667837

    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: United Kingdom trade mark registration No 2390415 of the figurative mark ‘SOLID floor’, for goods in classes 19 and 37; Trade name ‘Solid Floor Ltd’ used in the course of trade in the United Kingdom; Domain name ‘SOLID floor’ used in the course of trade in the United Kingdom

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

    Decision of the Board of Appeal: Annulled the contested decision, upheld the opposition in its entirety and rejected the CTM application

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

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