Action brought on 4 March 2013 - El Corte Inglés v OHIM - Baumarkt Praktiker Deutschland (PRO OUTDOOR)
(Case T-127/13)
Language in which the application was lodged: Spanish
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J. Rivas Zurdo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Baumarkt Praktiker Deutschland GmbH (Hamburg, Germany)
Form of order sought
The applicant claims that the General Court should:
annul the decision of the Second Board of Appeal of the OHIM of 11 December 2012 in Case R 1900/2011-2, in so far as, by dismissing the action brought by the applicant, it confirmed the decision of the Opposition Division to grant in part the Community word mark No 4 782 215 'PRO OUTDOOR';
order the party or parties opposing this action to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Applicant
Community trade mark concerned: Word mark "PRO OUTDOOR" for goods and services in Classes 9, 12, 14, 18, 22, 24, 25, 28 and 35
Proprietor of the mark or sign cited in the opposition proceedings: Baumarkt Praktiker Deutschland GmbH.
Mark or sign cited in opposition: Figurative mark with word elements 'OUTDOOR GARDEN BARBECUE CAMPING' for goods and services in Classes 12, 18, 22, 24, 25 and 28
Decision of the Opposition Division: Opposition upheld in part
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
Infringement of Article 60 of Regulation No 207/2009, and Rules 48 and 49 of Regulation No 2868/95
Infringement of Article 8(1)(b) of Regulation No 207/2009
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