This document is an excerpt from the EUR-Lex website
Document 62012TN0285
Case T-285/12: Action brought on 28 June 2012 — Cartoon Network v OHIM — Boomerang TV (BOOMERANG)
Case T-285/12: Action brought on 28 June 2012 — Cartoon Network v OHIM — Boomerang TV (BOOMERANG)
Case T-285/12: Action brought on 28 June 2012 — Cartoon Network v OHIM — Boomerang TV (BOOMERANG)
IO C 273, 8.9.2012, p. 13–13
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.9.2012 |
EN |
Official Journal of the European Union |
C 273/13 |
Action brought on 28 June 2012 — Cartoon Network v OHIM — Boomerang TV (BOOMERANG)
(Case T-285/12)
2012/C 273/22
Language in which the application was lodged: English
Parties
Applicant: The Cartoon Network, Inc. (Wilmington, United States) (represented by: I. Starr, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Boomerang TV, SA (Madrid, Spain)
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 2 April 2012 in case R 699/2011-2; and |
— |
Order the defendant to pay to the applicant, the applicant’s costs of and occasioned by this appeal. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘BOOMERANG’ for services in classes 38 and 41
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 1160050 of the figurative mark ‘Boomerang TV’, for services in class 41
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.