Action brought on 28 March 2011 - MIP Metro v OHIM - Jacinto (My Little Bear)

(Case T-183/11)

Language in which the application was lodged: English

Parties

Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

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

Other party to the proceedings before the Board of Appeal: Manuel Jacinto, Lda (S.Paio de Oleiros, Portugal)

Form of order sought

Stay the proceedings until the final decision of the Portuguese Trademark Office on the request of revocation which has been filed by the applicant against the earlier Portuguese trademark registration No 384674 on 23 March 2011;

In case that the request for the stay of proceedings is not granted, to continue the proceeding and to;

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 January 2011 in case R 494/2010-1; and

Order the defendant to pay the costs, including the costs of the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "My Little Bear", in brown, black, white and red, for goods in classes 12, 18, 20, 24, 25 and 28 - Community trade mark application No W00962622

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Portuguese trade mark registration No 384674 of the figurative mark "Little Bear", for goods in class 18

Decision of the Opposition Division: Rejected the application for all the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that there would be a likelihood of confusion between the applied mark and the opposed mark, due to the fact that the verbal elements would be the dominant elements in the complex marks.

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