Action brought on 24 August 2012 - Ferienhäuser zum See v OHIM - Sunparks Groep (Sun Park Holidays)

(Case T-383/12)

Language in which the application was lodged: English

Parties

Applicant: Ferienhäuser zum See GmbH (Marienmünster, Germany) (represented by: M. Boden and I. Höfener, lawyers)

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

Other party to the proceedings before the Board of Appeal: Sunparks Groep NV (Den Haan, Belgium)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 June 2012 in case R 1928/2011-4;

Annul the decision of the Opposition Division of 25 July 2011; and

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 figurative mark "Sun Park Holidays Die wohl kinderfreundlichste Art Campingurlaub zu machen!" in colours blue, yellow and black, for services in classes 39 and 43 - Community trade mark application No 9078049

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 6852453 for the figurative mark in colours blue and green "Sunparks Holiday Parks", for services in classes 39, 41 and 43; Benelux trade mark registration No 834301 of the word mark "SUNPARK"; Benelux trade mark registration No 853882 and International registration No 992185 for the figurative mark "SUNPARKS"

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

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

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