Action brought on 7 December 2012 - IBSolution v OHIM - IBS (IBSolution)

(Case T-533/12)

Language in which the application was lodged: English

Parties

Applicant: IBSolution GmbH (Neckarsulm, Germany) (represented by: F. Ekey, lawyer)

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

Other party to the proceedings before the Board of Appeal: IBS AB (Solna, Sweden)

Form of order sought

The applicant claims that the Court should:

Declare the action to be well founded;

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2012 in case R 771/2011-2;

Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 September 2012 in case R 771/2011-2, by granting registration of the trade mark applied for; 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 word mark "IBSolution", for services in classes 35, 41 and 42 - Community trade mark application No 8421877

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 38729 of the figurative mark "IBS", for goods and services in classes 9, 16, 35, 41 and 42

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

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

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