Action brought on 1 August 2012 - Leiner v OHIM - Recaro (REVARO)

(Case T-349/12)

Language in which the application was lodged: German

Parties

Applicant: Rudolf Leiner GmbH (Sankt Pölten, Austria) (represented by: W. Emberger, I. Rudnay and L. Emberger, lawyers)

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

Other party to the proceedings before the Board of Appeal: Recaro Beteiligungs-GmbH (Kaiserslautern, Germany)

Form of order sought

Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 May 2012 in Case R 482/2011-1 so as to allow the appeal or, alternatively, annul the decision;

order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Rudolf Leiner GmbH

Community trade mark concerned: Figurative mark containing the word element 'REVARO', for goods in Classes 11, 20 and 24

Proprietor of the mark or sign cited in the opposition proceedings: Recaro Beteiligungs-GmbH

Mark or sign cited in opposition: International registration 'RECARO' for goods in Classes 10, 12, 14, 20, 25 and 28

Decision of the Opposition Division: Opposition allowed

Decision of the Board of Appeal: Appeal dismissed

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

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