Action brought on 20 August 2012 - REWE-Zentral v OHIM - Planet GDZ (PRO PLANET)

(Case T-373/12)

Language in which the application was lodged: German

Parties

Applicant: REWE-Zentral AG (Cologne, Germany) (represented by: M. Kinkeldey and A. Bognár, lawyers)

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

Other party to the proceedings before the Board of Appeal: Planet GDZ AG (Tagelswangen, Switzerland)

Form of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 June 2012 in Case R 1350/2011-1;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark including the word element 'PRO PLANET' for goods in Classes 6, 17 and 19

Proprietor of the mark or sign cited in the opposition proceedings: Planet GDZ AG

Mark or sign cited in opposition: the international registration of the word mark 'PLANET' for goods in Classes 6 and 19

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

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

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