Action brought on 20 August 2012 - El Corte Inglés v OHIM - Apro Tech (APRO)
(Case T-372/12)
Language in which the application was lodged: Spanish
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J. Rivas Zurdo and I. Munilla Muñoz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Apro Tech Co., Ltd (Taichung Hsien, Taiwan)
Form of order sought
The applicant claims that the General 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 25 May 2012 in Case R 196/2011-2, declaring that, pursuant to Article 8(1)(b) of Regulation No 207/2009, the opponent's action before OHIM should have been upheld and the decision of the Opposition Division granting Community trade mark No 8 253 551 'APRO' (mixed) in full should have been annulled;
order the defendant and the other party opposing this action to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Apro Tech Co., Ltd
Community trade mark concerned: Figurative mark 'APRO' for goods in Class 12 - Community trade mark application No 8 253 551
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: national and Community figurative mark 'B-PRO by Boomerang' and Community word marks 'PRO MOUNTAIN' and 'PRO OUTDOOR' for goods in Class 12
Decision of the Opposition Division: opposition rejected
Decision of the Board of Appeal: appeal dismissed
Pleas in law: infringement of Article 8(1)(b) of Regulation No 207/2009
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