Action brought on 20 August 2012 - Brouwerij Van Honsebrouck v OHIM - Beverage Trademark (KASTEEL)

(Case T-374/12)

Language in which the application was lodged: French

Parties

Applicant: Brouwerij Van Honsebrouck (Ingelmunster, Belgium) (represented by: P. Maeyaert, lawyer)

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

Other party to the proceedings before the Board of Appeal: Beverage Trademark Co. Ltd BTM (Tortola, British Virgin Islands)

Form of order sought

annul in its entirety the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 June 2012 in Case R 2551/2010-2;

order OHIM and Beverage Trademark Co. Ltd BTM to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The international figurative mark incorporating the word element 'KASTEEL' for goods in Class 32 - International registration No W 975 635

Proprietor of the mark or sign cited in the opposition proceedings: Beverage Trademark Co. Ltd BTM

Mark or sign cited in opposition: National mark 'CASTEL BEER' for goods in Class 32

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Breach of Article 76(1) of Regulation No 207/2009;

Breach of Article 42 of Regulation No 207/2009;

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

____________