Action brought on 17 January 2012 - 3M Pumps v OHIM - 3M (3M Pumps)

(Case T-25/12)

Language in which the application was lodged: Italian

Parties

Applicant: 3M Pumps Srl (Taglio di Po, Italy) (represented by: F. Misuraca, lawyer)

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

Other party to the proceedings before the Board of Appeal: 3M Company (St. Paul, United States)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 October 2011 in Case R 2406/2010-1.

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: 3M Pumps Srl

Community trade mark concerned: Figurative mark containing the word element '3M Pumps', for goods and services in Classes 7, 16 and 38

Proprietor of the mark or sign cited in the opposition proceedings: 3M Company

Mark or sign cited in opposition: Figurative mark containing the word element '3M', for goods and services in Classes 7, 16 and 38

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(a) and (b) and (5) of Regulation No 207/2009.

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