Action brought on 17 December 2012 - Golam v OHIM - Derby Cycle Werke (FOCUS extreme)

(Case T-568/12)

Language in which the application was lodged: Greek

Parties

Applicant: Sofia Golam (Athens, Greece) (represented by: N. Trovas, lawyer)

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

Other party to the proceedings before the Board of Appeal: Derby Cycle Werke GmbH (Cloppenburg, Germany)

Form of order sought

The applicant claims that the General Court should:

uphold the present action, so as to annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 October 2012 in Case R 2327/2011-4;

reject the opposition of the other party before the Board of Appeal and grant the application lodged by the applicant in its entirety;

order the other party before the Board of Appeal to pay the applicant the costs of the present proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Sofia Golam

Community trade mark concerned: the figurative mark 'FOCUS extreme' for goods in Classes 5, 16 and 25 - Community trade mark application No 894587

Proprietor of the mark or sign cited in the opposition proceedings: Derby Cycle Werke GmbH

Mark or sign cited in opposition: the German word mark 'FOCUS' which has been registered under No 2062620, for goods in Class 25

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 8(1)(b) and (5) of Council Regulation No 207/2009 of 26 February 2009

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