Action brought on 14 August 2012 - Capitalizaciones Mercantiles v OHIM - Leineweber (X)

(Case T-378/12)

Language in which the application was lodged: English

Parties

Applicant: Capitalizaciones Mercantiles Ltda (Bogota, Colombia) (represented by: J. Devaureix, and L. Montoya Terán, lawyers)

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

Other party to the proceedings before the Board of Appeal: Leineweber GmbH & Co. KG (Herford, Germany)

Form of order sought

Admit this application for annulment, with all the documents annexed, and the corresponding copies;

Admit all the pieces of evidence attached to the writ;

Hold for the applicant, leaving with no effect the decision issued by the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2012 in case R 1524/2011-1, regarding CTM application No 7045818, and consequently, confirm the decision of the Opposition Division of 25 May 2011 which granted registration of the CTM No 7045818 "X" (figurative) for goods in class 25; and

Order the defendant to bear the costs of these proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "X" for goods in class 25 - Community trade mark application No 7045818

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: Community trade mark registration No 4736609 of the figurative mark "X", for, among others, goods in class 25

Decision of the Opposition Division: Rejected the opposition for all the contested goods

Decision of the Board of Appeal: Annulled the contested decision and rejected the contested application for the goods in class 25

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

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