Action brought on 26 April 2012 - Moonich Produktkonzepte & Realisierung v OHIM - Thermofilm Australia (HEATSTRIP)

(Case T-184/12)

Language in which the application was lodged: German

Parties

Applicant: Moonich Produktkonzepte & Realisierung GmbH (Sauerlach/Lochhofen, Germany) (represented by: H. Pannen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Thermofilm Australia Pty Ltd (Springvale, Australia)

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 26 January 2012 in Case R 1956/2010-1;

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark 'HEATSTRIP' for goods in Classes 9, 11 and 35 - application No 7 296 676

Proprietor of the mark or sign cited in the opposition proceedings: Thermofilm Australia Pty Ltd

Mark or sign cited in opposition: the unregistered word mark 'HEATSTRIP', which is protected in Australia, Canada, the United States of America and the United Kingdom for inter alia heaters

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was upheld and the application was rejected

Pleas in law: Infringement of Article 8(3) of Regulation No 207/2009 and of Article 75 and the second part of Article 76(1) of that regulation

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