Action brought on 29 may 2012 - Wilmar Trading v OHIM - Agroekola EOOD (ULTRA CHOCO)

(Case T-232/12)

Language in which the application was lodged: English

Parties

Applicant: Wilmar Trading Pte Ltd (Singapore, Singapore) (represented by: E. Miller, lawyer)

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

Other party to the proceedings before the Board of Appeal: Agroekola EOOD (Sofia, Bulgaria)

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 27 March 2012 in case R 87/2012-1;

Order OHIM to consider the appeal filed against the decision of the Opposition Division of 10 November 2011 on opposition No B001760043 and to process in the normal course.

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 word mark "ULTRA CHOCO", for goods in classes 29, 30 and 31 - Community trade mark application No 9221111

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

Mark or sign cited in opposition: Singaporean trade mark registration T0113987B of the word mark "ultra choco" for goods in class 29; European and Bulgarian non-registered trade mark "ULTRA CHOCO", invoking Articles 8(3) and 8(4) of Council Regulation No 207/2009

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

Decision of the Board of Appeal: Deemed the appeal not to have been filed

Pleas in law: Infringement of Articles 8(3)(a)(ii) and (b) and 8(4) of Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonisation in the Internal Market (Trade Marks and Designs).

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