Action brought on 18 April 2011 - Progust v OHIM - Sopralex & Vosmarques (IMPERIA)

(Case T-216/11)

Language in which the application was lodged: Spanish

Parties

Applicant: Progust, SL (Girona, Spain) (represented by: M. E. López Camba and J.L. 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: Sopralex & Vosmarques SA (Brussels, Belgium)

Form of order sought

The applicant requests the Court to:

annul the decision of the First Board of Appeal in Case R 1036/2010-1 in its entirety;

order OHIM to pay the costs incurred by Progust, SL;

order Sopralex & Vosmarques SA to pay the costs incurred by Progust, SL.

Pleas in law and main arguments

Applicant for a Community trade mark: Progust, SL.

Community trade mark concerned: Figurative mark containing the word element 'IMPERIA' (application for registration No 7.008.154), for goods and services in Classes 29, 30, 31, 32 and 43.

Proprietor of the mark or sign cited in the opposition proceedings: Sopralex & Vosmarques SA.

Mark or sign cited in opposition: Community figurative mark (No 3.260.288), containing the word element 'IMPERIAL' for goods in Class 29.

Decision of the Opposition Division: Opposition upheld and application for registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009

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