Action brought on 26 December 2012 - Nemeco/OHIM - Coca-Cola (NU)
(Case T-549/12)
Language in which the application was lodged: English
Parties
Applicant: Nemeco (Paris, France) (represented by: E. Gaspar, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: The Coca-Cola Company (Atlanta, United States)
Form of order sought
The applicant claims that the Court should:
Annul the decision rendered by the Second Board of Appeal of the Office for Harmonisation in the Internal Marked (Trade Marks and Designs) (OHIM) on October 16, 2012 (Case No. R 266/2012-2);
Order OHIM to bear its own costs and to pay Nemeco's costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark "NU", for goods in class 32 - International Registration No 1 033 122 designating the European Union
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 5 386 081 of the word mark "NU YU", for goods in classes 29, 30 and 32
Decision of the Opposition Division: Upheld the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
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