Action brought on 26 March 2012 - Pro-Duo v OHIM - El Corte Inglés (GO!)

(Case T-141/12)

Language in which the application was lodged: English

Parties

Applicant: Pro-Duo (Ghent, Belgium) (represented by: T. Alkin, Barrister)

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

Other party to the proceedings before the Board of Appeal: El Corte Inglés, SA (Madrid, Spain)

Form of order sought

Suspend the action pending the outcome of the Cancellation proceedings No 5011 C;

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2012 in case R 1373/2011-4, insofar as it declined to suspend proceedings pending outcome of the Cancellation proceedings, or to annul the decision entirely; and

Order the Opponent 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 in black, white and grey "GO!", for goods in class 3 - Community trade mark application No 8859712

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 6070981 of the figurative mark "GO GLORIA ORTIZ", for goods in class 3

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The Board of Appeal of the Office for Harmonisation in the Internal Market erred in law in failing to suspend the proceedings; and infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that there was a likelihood of confusion between the two trademarks.

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