Action brought on 28 June 2013 – Out of the blue/OHIM – Dubois et al. (FUNNY BANDS)

(Case T-344/13)

Language in which the application was lodged: English

Parties

Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)

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

Other party to the proceedings before the Board of Appeal: Frédéric Dubois et al. (Lasne, Belgium)

Form of order sought

The applicant claims that the Court should:

Overturn the Decision of the Second Board of Appeal of 4 April 2013, Case R 542/2012-2 ;

Order OHIM to bear its own costs as well as the costs of the applicant;

In the event that Mr. DUBOIS joins in these proceedings as an intervening party, order the intervening party to bear its own costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark containing the word element “FUNNY BANDS” for goods and services in classes 14, 17 and 35 – Community trade mark application No 9 350 794

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: German non-registered sign “FUNNY BANDS” several goods and services and activities

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(4) of Council Regulation No 207/2009.