Action brought on 30 November 2012 - Rani Refreshments/OHMI - Global-Invest Bartosz Turek (Sani)

(Case T-523/12)

Language in which the application was lodged: English

Parties

Applicant: Rani Refreshments FZCO (Dubai, United Arab Emirates) (represented by: M. Chapple, Barrister)

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

Other party to the proceedings before the Board of Appeal: Global-Invest Bartosz Turek (Poczesna, Poland)

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 27 September 2012 in case R 236/2012-4; and

Order the defendant to pay to the applicant the costs incurred by the applicant in connection with its application and the decision.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark "Sani" in green, willow green and white, for among others, goods in classes 29, 30 and 32 - Community trade mark application No 9087479

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 2587244 of the figurative mark in green, white, black and blue "Rani", for goods in class 32; Community trade mark registration No 4005211 of the figurative mark in blue and white "Rani", for goods in classes 29 and 30; Community trade mark registration No 2587293 of the figurative mark in blue and white "RANI FLOAT", for goods in class 32; Community trade mark registration No 2587269 of the figurative mark in orange, yellow, black, white, red, pink, blue and green "Rani", for goods in classes 16, 21 and 32; United Kingdom trade mark registration No 1239206 of the figurative mark "rani", for goods in class 32

Decision of the Opposition Division: Rejected 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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