Action brought on 29 May 2012 - International Brands Germany v OHIM - Stuffer (ALOHA 100% NATURAL)

(Case T-243/12)

Language in which the application was lodged: German

Parties

Applicant: International Brands Germany GmbH & Co. KG (Paderborn, Germany) (represented by: B. Hein and M. Hoffmann, lawyers)

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

Other party to the proceedings before the Board of Appeal: Stuffer SpA (Bolzano, Italy)

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 14 March 2012 in case R 1058/2011-1 and reject the opposition;

Order the defendant to pay the costs of the proceedings, including those incurred during the appeal procedure.

Pleas in law and main arguments

Applicant for a Community trade mark: International Brands Germany GmbH & Co. KG

Community trade mark concerned: Figurative mark 'ALOHA 100% NATURAL' for goods in Class 32 - application No 7 050 701

Proprietor of the mark or sign cited in the opposition proceedings: Stuffer SpA

Mark or sign cited in opposition: National word mark 'ALOA' for goods in Class 32

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 No 207/2009

____________