Action brought on 7 February 2012 - AMC-Representações Têxteis v OHIM - MIP Metro (METRO KIDS COMPANY)

(Case T-50/12)

Language in which the application was lodged: English

Parties

Applicant: AMC-Representações Têxteis Lda (Taveiro, Portugal) (represented by: V. Caires Soares, lawyer)

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

Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 November 2011 in case R 2314/2010-1;

Order the Defendant and, as appropriate, the Intervener in the proceedings to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "METRO KIDS COMPANY", for goods and services in classes 24, 25 and 39 - Community trade mark application No 8200909

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: International trade mark registration No 852751 of the figurative mark "METRO", for goods and services in classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal erred in finding that the confronted marks were similar and the likelihood of confusion and/or association could not be excluded.

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