Action brought on 10 April 2012 - Adler Modemärkte v OHIM - Blufin (MARINE BLEU)

(Case T-160/12)

Language in which the application was lodged: German

Parties

Applicant: Adler Modemärkte AG (Haibach, 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: Blufin SpA (Carpi, Italy)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 February 2012 in Case R 1955/2010-2;

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 word mark 'MARINE BLEU' for goods in Classes 18, 24 and 25 - application No 6 505 952

Proprietor of the mark or sign cited in the opposition proceedings: Blufin

Mark or sign cited in opposition: the Italian and Community trade mark and the Italian and international trade mark registration 'BLUMARINE' for goods in Classes 3, 9, 14, 18, 19, 23, 24, 25 and 27

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was upheld in part, the application was rejected in part and the case was referred back to the Opposition Division in part

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

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