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Document 62012TN0191

Case T-191/12: Action brought on 30 April 2012 — Roland v OHIM — Textiles Well (wellness inspired by nature)

IO C 209, 14.7.2012, p. 7–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

14.7.2012   

EN

Official Journal of the European Union

C 209/7

Action brought on 30 April 2012 — Roland v OHIM — Textiles Well (wellness inspired by nature)

(Case T-191/12)

2012/C 209/12

Language in which the application was lodged: English

Parties

Applicant: Roland SE (Essen, Germany) (represented by: O. Rauscher and C. Onken, lawyers)

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

Other party to the proceedings before the Board of Appeal: Textiles Well SA (Le Vigan, France)

Form of order sought

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 February 2012 in case R 2552/2010-1;

—

Reject the Opposition No 1299967; and

—

Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and the other party to the proceedings before the Board of Appeal to bear the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The international figurative mark ‘wellness inspired by nature’, for goods in class 25 — Community trade mark application No W00924808

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 527630 of the word mark ‘WELL’, for goods in class 25; French trade mark registration No 99804486 of the word mark ‘WELLNESS’, for goods in class 25

Decision of the Opposition Division: Upheld the opposition and refused protection to the international registration for all the contested goods

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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