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Action brought on 13 April 2012 - Brauerei Beck v OHIM - Aldi (Be Light)

(Case T-172/12)

Language in which the application was lodged: English

Parties

Applicant: Brauerei Beck GmbH & Co. KG (Bremen, Germany) (represented by: G. Hasselblatt and V. Töbelmann, lawyers)

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

Other party to the proceedings before the Board of Appeal: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2012 in case R 2258/2010-1;

Order the defendant to bear its own costs as well as the costs of the applicant;

Order the other party to the proceedings before the Board of Appeal to bear its own costs, in the event it intervenes before the General Court.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark "Be Light", for goods in classes 29, 30 and 32 - Community trade mark application No 7165351

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 135285 of the word mark "BECK's", for goods in class 32

Decision of the Opposition Division: Upheld the opposition for all the contested goods in class 32 and allowed the contested trade mark to proceed for the remaining goods

Decision of the Board of Appeal: Annulled the decision of the Opposition Division

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009.

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