Action brought on 26 September 2012 - Sport Eybl & Sports Experts v OHIM - Elite Licensing (e)

(Case T-425/12)

Language in which the application was lodged: German

Parties

Applicant: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: B. Gumpoldsberger, lawyer)

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

Other party to the proceedings before the Board of Appeal: Elite Licensing Company SA (Fribourg, Switzerland)

Form of order sought

The applicant claims that the Court should:

annul the part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 June 2012 in Case R 881/2011-1 with which the opponent's appeal was upheld and the registration of the Community trade mark applied for by the applicant in respect of Classes 9, 12, 18, 22, 25 and 28 was refused; and

order the defendant to pay the costs incurred by the applicant.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark including the letter 'e' for goods and services in Classes 9, 12, 18, 22, 25, 28 and 42 - Community trade mark application No 6 220 421

Proprietor of the mark or sign cited in the opposition proceedings: Elite Licensing Company SA

Mark or sign cited in opposition: the national, international and Community figurative mark including the letter 'e' for goods and services in Classes 3, 5, 8, 9, 10, 11, 12, 14, 16, 18, 20, 21, 24, 25, 26, 28, 32, 35, 38, 41, 43 and 44

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was upheld in part

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

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