Action brought on 27 December 2012 - Coppenrath-Verlag v OHIM - Sembella (Rebella)

(Case T-551/12)

Language in which the application was lodged: German

Parties

Applicant: Coppenrath-Verlag GmbH & Co. KG (Münster, Germany) (represented by: D. Pohl, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sembella GmbH (Timelkam, Austria)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 October 2012 in Case R 1681/2011-2;

Order OHIM to pay the costs including those incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark 'Rebella' for goods in Classes 20 and 24 - Community trade mark application No 8 498 735

Proprietor of the mark or sign cited in the opposition proceedings: Sembella GmbH

Mark or sign cited in opposition: the word mark 'Sembella' for goods in Classes 17, 20 and 22

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed and the application was accordingly rejected

Pleas in law: Infringement of Article 42(2) of Regulation No 207/2009 and infringement of Article 8(1)(b) of Regulation No 207/2009

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