Action brought on 19 November 2012 - Compagnie des montres Longines, Francillon v OHIM - Cheng (B)

(Case T-505/12)

Language in which the application was lodged: English

Parties

Applicant: Compagnie des montres Longines, Francillon SA (Saint-Imier, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

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

Other party to the proceedings before the Board of Appeal: Xiuxiu Cheng (Budapest, Hungary)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 September 2012 in case R 193/2012-5; and.

Order the Defendant and the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings.

Pleas in law and main arguments

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

Community trade mark concerned: The figurative mark in black and white "B", for goods in classes 9 and 25 - Community trade mark application No 8483562

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

Mark or sign cited in opposition: International trade mark registration No 401319 of the figurative mark representing a device of extended wings with a geometric design in the middle, for goods in classes 7, 9 and 14

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009.

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