Action brought on 12 October 2012 - Zoo Sport v OHIM - K-2 (zoo sport)

(Case T-455/12)

Language in which the application was lodged: English

Parties

Applicant: Zoo Sport Ltd (Leeds, United Kingdom) (represented by: I. Rungg, lawyer)

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

Other party to the proceedings before the Board of Appeal: K-2 Corp. (Seattle, United States)

Form of order sought

The applicant claims that the Court should:

Vary the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 August 2012 in case R 1395/2011-4, so as to reject the opposition in its entirety; and

Order the defendant to bear the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark in black and white "zoo sport", for goods and services in classes 18, 25 and 35 - Community trade mark application No 8909293

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 5233119 for the word mark "ZOOT", for goods in classes 9 and 25; Community trade mark registration No 4719316 for the figurative mark in black and white "SPORTS ZOOT SPORTS", for goods and services in classes 25, 35, 36 and 41

Decision of the Opposition Division: Upheld the opposition for part of the contested goods and services

Decision of the Board of Appeal: Partially annulled the contested decision

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

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