Action brought on 4 February 2013 - Formula One Licensing/OHIM - Idea Marketing (F1H2O)

(Case T-55/13)

Language in which the application was lodged: English

Parties

Applicant: Formula One Licensing BV (Rotterdam, Netherlands) (represented by: B. Klingberg, lawyer)

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

Other party to the proceedings before the Board of Appeal: Idea Marketing SA (Lausanne, Switzerland)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of appeal in case R-1247/2011-4;

Order the defendant to bear the costs of the proceedings before the Office for Harmonisation;

Order the intervener to bear the costs of the proceedings before the Office for Harmonisation.

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 " F1H2O ", for goods and services in classes 9, 25, 38 and 41 - International Registration No 925 383 designating the European Union

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

Mark or sign cited in opposition: International Registration No 732 134, British trade mark No 2277746B, Community trade mark No 3 934 387, International registration N 845 571, Benelux trademark No 749 056, British trade mark No 2277746 D, Community trade mark No 631 531, Community trade mark No 3 429 396, International Registration No 714 320, International Registration No 823 226 and Benelux trade mark No 732 601 of the mark "F1 et al." for goods and services in classes 1, 3, 4, 7, 8, 9, 11, 12, 14, 16, 18, 21, 24, 25, 28, 29, 30, 32 to 36, 38, 39 and 41 to 43

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

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

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