Action brought on 5 November 2012 - Coca-Cola v OHIM - Mitico (Master)

(Case T-480/12)

Language in which the application was lodged: English

Parties

Applicant: The Coca-Cola Company (Atlanta, United States) (represented by: S. Malynicz, Barrister, D. Stone and L. Ritchie, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damascus, Syria)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 August 2012 in case R 2156/2011-2; and

Order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs and pay those of the applicant.

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 "Master", for goods in classes 29, 30 and 32 - Community trade mark application No 9091612

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

Mark or sign cited in opposition: Community trade mark registration No 8792475 of the figurative mark "Coca-Cola"; Community trade mark registration No 3021086 of the figurative mark "Coca-Cola"; Community trade mark registration No 2117828 of the figurative mark "Coca-Cola"; Community trade mark registration No 2107118 of the figurative mark "Coca-Cola"; United Kingdom trade mark registration No 2428468 of the figurative mark "C"

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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