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
____________