Action brought on 1 August 2012 - Fuchs/OHIM - Les Complices (Star)

(Case T-342/12)

Language in which the application was lodged: English

Parties

Applicant: Max Fuchs (Freyung, Germany) (represented by: C. Onken, lawyer)

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

Other party to the proceedings before the Board of Appeal: Les Complices SA (Montreuil-sous-Bois, France)

Form of order sought

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 May 2012 in case R 2040/2011-5;

Reject the opposition No 1299967 in its entirety; and

Order the defendant and the other party before the Board of Appeal to bear the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark representing a black star, for goods in classes 18, 24 and 25 - Community trade mark application No 5588694

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 632232 of the figurative mark representing a white star in a black circle, for goods in classes 3, 9, 14, 16, 18, 20, 24 and 28; French trade mark registration No 1579557 of the figurative mark representing a white star in a black circle, for goods in class 25

Decision of the Opposition Division: Upheld the opposition for part of the contested goods

Decision of the Board of Appeal: Dismissed the appeal

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

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