Action brought on 24 August 2012 - Kampol v OHIM - Colmol (Nobel)

(Case T-382/12)

Language in which the application was lodged: English

Parties

Applicant: Kampol sp. z o.o. (Świdnica, Poland) (represented by: J. Kępiński, lawyer)

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

Other party to the proceedings before the Board of Appeal: Colmol-Colchões, SA (Oliveira de Azeméis, Portugal)

Form of order sought

Accept the appeal and annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 June 2012 in case R 2286/2011-4;

Reject in its entirety the opposition No B 1762742 (Community trade mark application No 9080078);

Order OHIM to register the trade mark applied for;

Order OHIM to bear the costs of the proceedings; and

Alternatively, refer back the case to the Fourth Board of Appeal to hear the case once again, in accordance with the binding criteria established by the Court of Justice.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "Nobel" in colours black, gold and red, for goods in classes 10 and 24 - Community trade mark application No 9080078

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: Portuguese trade mark registration No 373184 of the word mark "NOBEL", for goods in class 20

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

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

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