Action brought on 14 September 2012 — Ubee Interactive v OHIM — Augere Holdings (Netherlands) (ubee)

(Case T-408/12)

2012/C 355/70

Language in which the application was lodged: English

Parties

Applicant: Ubee Interactive Corp. (Jhubei City, Taiwan) (represented by: M. Nentwig, lawyer)

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

Other party to the proceedings before the Board of Appeal: Augere Holdings (Netherlands) BV (Amsterdam, Netherlands)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘ubee’, for goods and services in classes 9 and 38 — Community trade mark application No 7467111

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: Community trade mark registration No 7130248 of the word mark ‘QUBEE’, for goods and services in classes 9, 37, 38 and 42; Community trade mark No 7224603 of the figurative mark ‘QUBEE’, for goods and services in classes 9, 37, 38 and 42

Decision of the Opposition Division: Upheld 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.