Action brought on 30 May 2012 - Rocket Dog Brands/OHIM - Julius-K9 (JULIUS K9)

(Case T-231/12)

Language in which the application was lodged: English

Parties

Applicant: Rocket Dog Brands LLC (Heywood, USA) (represented by: C. Aikens, Barrister)

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

Other party to the proceedings before the Board of Appeal: Julius-K9 bt (Szigetszentmiklós, Hungary)

Form of order sought

To annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 21 March 2012 (R 1124/2011-4) insofar as it rejects the Opposition in relation to all goods in class 25; and

to order the Applicant to pay the costs incurred by the Opponent

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 word mark "JULIUS K9" for goods in Classes 18, 25 and 28 - Community trade mark application No 8 542 201

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

Mark or sign cited in opposition: Two figurative marks depicting a dog, (crossed) bone(s) and the alphanumeric combination "K 9" for goods in Classes 14, 18 and 25

Decision of the Opposition Division: Rejected the opposition

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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