Action brought on 30 November 2012 - Alfa-Beta Vassilopoulos v OHIM - Henkel (AB terra Leaf)

(Case T-522/12)

Language in which the application was lodged: English

Parties

Applicant: Alfa-Beta Vassilopoulos SA (Gerakas Attikis, Greece) (represented by: N. Lymperis, lawyer)

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

Other party to the proceedings before the Board of Appeal: Henkel AG & Co. KGaA (Düsseldorf, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 October 2012 in case R 2122/2011-4 and the appeal be upheld so that CTM application AB TERRA LEAF (& device) No 8573651 proceeds to registration for all goods applied for; and

Order the defendant and the opponent to pay the costs of these proceedings, including those incurred in opposition and appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "AB terra Leaf" in black and white, for goods in classes 3, 5 and 16 - Community trade mark application No 8573651

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 33472909 of the word mark "TERRA", for goods in classes 3 and 21

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

Decision of the Board of Appeal: Dismissed the appeal

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

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