Action brought on 10 April 2012 - Beyond Retro v OHIM - S&K Garments (BEYOND VINTAGE)

(Case T-170/12)

Language in which the application was lodged: English

Parties

Applicant: Beyond Retro Ltd (London, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal: S&K Garments, Inc. (New York, United States)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 January 2012 joined cases R 493/2011-4 and R 548/2011-4; and

Order the Office and the other party to the proceedings before the Board of Appeal to bear their own costs and pay those of the applicant.

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: International Registration of the word mark "BEYOND VINTAGE", for goods and services in classes 14, 18 and 25 - Community trade mark application No W 994046

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

Mark or sign cited in opposition: Community trade mark registration No 5629035 of the word mark "BEYOND RETRO", for goods and services in classes 25 AND 35

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Dismissed the applicant's appeal in case R 548/2011-4 and annulled the decision of the opposition division in case R 493/2011-4

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

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