Action brought on 30 April 2012 - Advance Magazine Publishers v OHIM - Bauer Consumer Media (GOLF WORLD)

(Case T-194/12)

Language in which the application was lodged: English

Parties

Applicant: Advance Magazine Publishers, Inc. (New York, United States) (represented by: R. Hacon, Barrister)

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

Other party to the proceedings before the Board of Appeal: Bauer Consumer Media Ltd (Peterborough, United Kingdom)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 February 2012 in case R 239/2011-1;

Refuse the application in suit for all goods and services for which it was published for opposition;

Alternatively, the evidence of use be deemed sufficient and the opposition be remitted to the Opposition Division to determine the issue of the conflict between the marks in question; and

Award to the opponent its costs in the opposition proceedings, the proceedings before the Board of Appeal and in this appeal and that the appeal fees be refunded.

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 "GOLF WORLD", for goods and services in classes 9, 16, 35, 38 and 41 - Community trade mark application No 7070147

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

Mark or sign cited in opposition: Benelux trade mark registration No 465586 of the word mark "GOLF WORLD", for goods in class 16; Danish trade mark registration No 541/1991 of the word mark "GOLF WORLD", for goods in class 16; French trade mark registration No 1551025 of the word mark "GOLF WORLD", for goods in class 16; Greek trade mark registration No 96430 of the word mark "GOLF WORLD", for goods in class 16; Italian trade mark registration No 575282 of the word mark "GOLF WORLD", for goods in class 16; Spanish trade mark registration No 1308477 of the word mark "GOLF WORLD", for goods in class 16; Swedish trade mark registration No 229611 of the word mark "GOLF WORLD", for goods in class 16; Portuguese trade mark registration No 259281 of the word mark "GOLF WORLD", for goods in class 16; Irish trade mark registration No 113474 of the word mark "GOLF WORLD", for goods in class 16

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 42 of Council Regulation No 207/2009.

____________