Action brought on 23 July 2012 - Rocket Dog Brands v OHIM - Julius-K9 (K9 PRODUCTS)

(Case T-338/12)

Language in which the application was lodged: English

Parties

Applicant(s): Rocket Dog Brands LLC (Hayward, United States) (represented by: J. Reid, Barrister)

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

Other party to the proceedings before the Board of Appeal: Julius-K9 bt (Szigetszentmiklós, Hungary)

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 21 May 2012 (R 1961/2011 - 4) insofar as it rejects the action in relation to all goods in class 25, and the following goods in class 18 namely goods made of these materials and not included in other classes; wallets, purses; purses, not of precious metal; and

Order the proprietor to pay the costs incurred by the applicant.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark "K9 PRODUCTS" in black and white, for among others goods in classes 18 and 25 - Community trade mark registration No 5966031

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

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: Community trade mark registration No 3933256 of the figurative mark "K9" in black and white, for goods in class 25

Decision of the Cancellation Division: Declared the Community trade mark partially invalid

Decision of the Board of Appeal: Annulled the contested decision to the extent it declared the CTM invalid and rejected the cancellation request in its entirety

Pleas in law: Infringement of Article 8(1) (b) of Council Regulation No 207/2009

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