This document is an excerpt from the EUR-Lex website
Document 62013TN0344
Case T-344/13: Action brought on 28 June 2013 — Out of the blue/OHIM — Dubois et al. (FUNNY BANDS)
Case T-344/13: Action brought on 28 June 2013 — Out of the blue/OHIM — Dubois et al. (FUNNY BANDS)
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.