This document is an excerpt from the EUR-Lex website
Document 62012TN0410
Case T -410/12: Action brought on 6 September 2012 — Vitaminaqua Ltd v OHIM
Case T -410/12: Action brought on 6 September 2012 — Vitaminaqua Ltd v OHIM
Case T -410/12: Action brought on 6 September 2012 — Vitaminaqua Ltd v OHIM
SL C 355, 17.11.2012, p. 34–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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17.11.2012 |
EN |
Official Journal of the European Union |
C 355/34 |
Action brought on 6 September 2012 — Vitaminaqua Ltd v OHIM
(Case T -410/12)
2012/C 355/71
Language in which the application was lodged: Hungarian
Parties
Applicant: Vitaminaqua Ltd (London, United Kingdom) (represented by: A. Krajnyák, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Energy Brands, Inc. (New York, United States of America)
Form of order sought
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Amend the decision of the First Board of Appeal of OHIM rejecting application No 8338592 for registration of the figurative mark ‘vitaminaqua’ (Case R 997/2011-1) and order the registration of the trade mark in accordance with the decision of the Opposition Division of OHIM, thereby conferring protection as a trade mark on the sign; |
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Order the defendant or the other party to bear the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Vitaminaqua Ltd.
Community trade mark concerned: the figurative mark ‘vitaminaqua’ for goods in Classes 5, 30 and 32 (application for registration No 8 338 592).
Proprietor of the mark or sign cited in the opposition proceedings: Energy Brands, Inc.
Mark or sign cited in opposition: inter alia the national word mark ‘VITAMINWATER’ for goods in Classes 5, 30 and 32.
Decision of the Opposition Division: opposition rejected.
Decision of the Board of Appeal: decision of the Opposition Division set aside and application for registration as a Community trade mark rejected.
Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009, (1) since there is no likelihood of confusion between the marks at issue.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).