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Document 62009TN0062

    Case T-62/09: Action brought on 13 February 2009 — Rintisch v OHIM — Bariatrix Europe (PROTI SNACK)

    SL C 102, 1.5.2009, p. 21–22 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    13/02/2009
    Date lodged:
    13/02/2009
    Author:
    Sud prvog stupnja
    Form:
    Pravosudna informacija
    Authentic language:
    engleski
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    Instruments cited in case law:
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    1.5.2009   

    EN

    Official Journal of the European Union

    C 102/21

    Action brought on 13 February 2009 — Rintisch v OHIM — Bariatrix Europe (PROTI SNACK)

    (Case T-62/09)

    2009/C 102/34

    Language in which the application was lodged: English

    Parties

    Applicant: Bernhard Rintisch (Bottrop, Germany) (represented by: A. Dreyer, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Bariatrix Europe Inc. SAS (Guilherand Granges, France)

    Form of order sought

    —

    Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 December 2008 in case R 740/2008-4; and

    —

    Order OHIM to pay the costs.

    Pleas in law and main arguments

    Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

    Community trade mark concerned: The word mark “PROTI SNACK”, for goods in classes 5, 29, 30 and 32 — application No 4 992 145

    Proprietor of the mark or sign cited in the opposition proceedings: The applicant

    Mark or sign cited: German trade mark registration No 39 702 429 of the word mark “PROTI” for goods in classes 29 and 32; German trade mark registration No 39 608 644 of the figurative mark “PROTIPOWER” for goods in classes 29 and 32; German trade mark registration No 39 549 559 of the word mark “PROTIPLUS” for goods in classes 29 and 32; German trade mark registration No 39 629 195 of the trade word “PROTITOP” for goods in classes 29, 30 and 32

    Decision of the Opposition Division: Rejected the opposition

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal failed to provide an assessment on the merits of the opposition; Infringement of Article 74(2) of Council Regulation 40/94 as the Board of Appeal refused to exercise its discretion or at least failed to state how it exercised such discretion; Misuse of power as the Board of Appeal failed to take into account documents and evidence submitted by the applicant.

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