Action brought on 6 December 2012 - Tifosi Optics v OHIM - Tom Tailor (T)

(Case T-531/12)

Language in which the application was lodged: English

Parties

Applicant: Tifosi Optics, Inc. (Watkinsville, United States) (represented by: A. Tornato and D. Hazan, lawyers)

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

Other party to the proceedings before the Board of Appeal: Tom Tailor GmbH (Hamburg, Germany)

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 17 September 2012 in case R 729/2011-2, in its entirety; and

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 figurative mark "T", for goods in classes 9 and 25 - Community trade mark application No 8543183

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 1368232 of the figurative mark "T", for goods in classes 9, 18 and 25; Community trade mark registration No 2747996 of the figurative mark "T", for goods in classes 3, 6, 9, 14, 18, 21, 24, 25 and 28

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

Decision of the Board of Appeal: Annulled the contested decision and rejected the Community trade mark application

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

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