Action brought on 21 August 2012 - Electric Bike World v OHIM - Brunswick (LIFECYCLE)

(Case T-379/12)

Language in which the application was lodged: English

Parties

Applicant: Electric Bike World Ltd (Southampton, 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: Brunswick Corp. (Lake Forest, United States)

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 16 May 2012 in case R 2308/2011-1; and

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

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "LIFECYCLE" for goods in classes 12, 18 and 25 - Community trade mark application No 8546401

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: Spanish trade mark registration No 1271758 of the word mark "LIFECYCLE", for goods in class 28

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision to the extent that it rejected the opposition for goods in class 12; rejected the CTM application for these goods; and dismissed the appeal for the remaining goods in class 12

Pleas in law: Infringement of Articles 8(1)(b) and 75 of Council Regulation No 207/2009.

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