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Document 62012TN0463

    Case T-463/12: Action brought on 22 October 2012 — Popp and Zech v OHIM — Müller-Boré & Partner (MB)

    SL C 379, 8.12.2012, p. 31–32 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    8.12.2012   

    EN

    Official Journal of the European Union

    C 379/31

    Action brought on 22 October 2012 — Popp and Zech v OHIM — Müller-Boré & Partner (MB)

    (Case T-463/12)

    2012/C 379/52

    Language in which the application was lodged: German

    Parties

    Applicants: Eugen Popp (Munich, Germany) and Stefan M. Zech (Munich) (represented by: C. Rohnke and M. Jacob, lawyers)

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

    Other party to the proceedings before the Board of Appeal: Müller-Boré & Partner (Munich, Germany)

    Form of order sought

    The applicants claim that the Court should:

    —

    Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 July 2012 in Case R 506/2011-1;

    —

    Order the defendant to pay the costs.

    Pleas in law and main arguments

    Applicant for a Community trade mark: the applicant

    Community trade mark concerned: the word mark ‘MB’ for services in Class 42 — Community trade mark application No 7 369 771

    Proprietor of the mark or sign cited in the opposition proceedings: Müller-Boré & Partner

    Mark or sign cited in opposition: the word mark MBP and the national and Community trade mark, including the word element ‘MB&P’, for services in Classes 35 and 42

    Decision of the Opposition Division: rejection of the opposition

    Decision of the Board of Appeal: the appeal was upheld and the application was rejected

    Pleas in law:

    —

    Infringement of Article 42(2) and Article 15(1) of Regulation No 207/2009

    —

    Infringement of Article 8(1)(b) of Regulation No 207/2009
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