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Document 62012TN0408

    Case T-408/12: Action brought on 14 September 2012 — Ubee Interactive v OHIM — Augere Holdings (Netherlands) (ubee)

    IO C 355, 17.11.2012, p. 33–33 (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 355/33

    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

    —

    Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 July 2012 in case R 1848/2011-2; and

    —

    Order the defendant to bear the costs.

    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.

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