Action brought on 4 March 2013 - El Corte Inglés v OHIM - Baumarkt Praktiker Deutschland (PRO OUTDOOR)

(Case T-127/13)

Language in which the application was lodged: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J. Rivas Zurdo, lawyers)

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

Other party to the proceedings before the Board of Appeal: Baumarkt Praktiker Deutschland GmbH (Hamburg, Germany)

Form of order sought

The applicant claims that the General Court should:

annul the decision of the Second Board of Appeal of the OHIM of 11 December 2012 in Case R 1900/2011-2, in so far as, by dismissing the action brought by the applicant, it confirmed the decision of the Opposition Division to grant in part the Community word mark No 4 782 215 'PRO OUTDOOR';

order the party or parties opposing this action to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Applicant

Community trade mark concerned: Word mark "PRO OUTDOOR" for goods and services in Classes 9, 12, 14, 18, 22, 24, 25, 28 and 35

Proprietor of the mark or sign cited in the opposition proceedings: Baumarkt Praktiker Deutschland GmbH.

Mark or sign cited in opposition: Figurative mark with word elements 'OUTDOOR GARDEN BARBECUE CAMPING' for goods and services in Classes 12, 18, 22, 24, 25 and 28

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Infringement of Article 60 of Regulation No 207/2009, and Rules 48 and 49 of Regulation No 2868/95

Infringement of Article 8(1)(b) of Regulation No 207/2009

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