This document is an excerpt from the EUR-Lex website
Document 62012TN0191
Case T-191/12: Action brought on 30 April 2012 — Roland v OHIM — Textiles Well (wellness inspired by nature)
Case T-191/12: Action brought on 30 April 2012 — Roland v OHIM — Textiles Well (wellness inspired by nature)
Case T-191/12: Action brought on 30 April 2012 — Roland v OHIM — Textiles Well (wellness inspired by nature)
SL 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.