Action brought on 27 January 2014 – BR IP Holder v OHIM – Greyleg Investments (HOKEY POKEY)

(Case T-62/14)

Language in which the application was lodged: English

Parties

Applicant: BR IP Holder LLC (Canton, United States) (represented by: F. Traub, lawyer, and C. Rohsler, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Greyleg Investments Ltd (Baltonsborough, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2013 given in Case R 1091/2012-4;

Order the defendant to pay the costs of proceedings.

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 word mark “HOKEY POKEY” for “confectionery” in Class 30 – Community trade mark application No 9 275 678

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

Mark or sign cited in opposition: Earlier, non-registered trade mark “HOKEY POKEY” claimed to be in use in the United Kingdom for ‘confectionery, namely ice cream’

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(4) CTMR.