Action brought on 30 January 2013 - Out of the Blue KG v OHIM - Mombauer (REFLEXX)

(Case T-48/13)

Language of the case: German

Parties

Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and I. George, lawyers)

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

Other party to the proceedings before the Board of Appeal: Meinhard Mombauer (Cologne, Germany)

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 19 November 2012 in Case R 1656/2011-4;

Order OHIM to bear its own costs and those of the applicant;

Were Meinhard Mombauer to participate as intervener in the proceedings, order him to bear his own costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Out of the blue KG

Community trade mark concerned: Word mark 'REFLEXX' for goods in Class 9 - Application for Community trade mark No 7 239 511

Proprietor of the mark or sign cited in the opposition proceedings: Meinhard Mombauer

Mark or sign cited in opposition: Figurative mark, containing the word element 'RELFECTS', for goods in Class 9

Decision of the Opposition Division: The opposition was upheld

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in Law: Infringement of Article 42(5) in conjunction with Article 8(1)(b) of Regulation No 207/2009

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