Action brought on 4 September 2012 - Fetim v OHIM - Solid Floor (Solidfloor The professional's choice)

(Case T-395/12)

Language in which the application was lodged: English

Parties

Applicant: Fetim BV (Amsterdam, Netherlands) (represented by: L. Bakers, lawyer)

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

Other party to the proceedings before the Board of Appeal: Solid Floor Ltd (London, United Kingdom)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 June 2012 in case R 884/2011-2; and

Order OHIM 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 figurative mark "Solidfloor The professional's choice", for goods in class 19 - Community trade mark application No 5667837

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: United Kingdom trade mark registration No 2390415 of the figurative mark "SOLID floor", for goods in classes 19 and 37; Trade name "Solid Floor Ltd" used in the course of trade in the United Kingdom; Domain name "SOLID floor" used in the course of trade in the United Kingdom

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision, upheld the opposition in its entirety and rejected the CTM application

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

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