Action brought on 26 December 2012 - Nemeco/OHIM - Coca-Cola (NU)

(Case T-549/12)

Language in which the application was lodged: English

Parties

Applicant: Nemeco (Paris, France) (represented by: E. Gaspar, lawyer)

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

Other party to the proceedings before the Board of Appeal: The Coca-Cola Company (Atlanta, United States)

Form of order sought

The applicant claims that the Court should:

Annul the decision rendered by the Second Board of Appeal of the Office for Harmonisation in the Internal Marked (Trade Marks and Designs) (OHIM) on October 16, 2012 (Case No. R 266/2012-2);

Order OHIM to bear its own costs and to pay Nemeco's costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "NU", for goods in class 32 - International Registration No 1 033 122 designating the European Union

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: Community trade mark registration No 5 386 081 of the word mark "NU YU", for goods in classes 29, 30 and 32

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

Decision of the Board of Appeal: Dismissed the appeal

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

____________