Action brought on 16 November 2012 - European Drinks v OHIM - Alexandrion Grup Romania (DRACULA BITE)

(Case T-497/12)

Language in which the application was lodged: English

Parties

Applicant: European Drinks SA (Ştei, Romania) (represented by: V. von Bomhard, lawyer)

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

Other party to the proceedings before the Board of Appeal: SC Alexandrion Grup Romania Srl (Pleasa, Romania)

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 6 September 2012 in case R 679/2011-4; and.

Order that the costs of the proceedings be borne by the Defendant

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 "DRACULA BITE", for goods and services in classes 33, 35 and 39 - Community trade mark application No 7588321

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

Mark or sign cited in opposition: Romanian trade mark registration No 34847 of the figurative mark "Dracula", for goods and services in classes 33 and 35

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 Articles 42(2) and 42(3) of Council Regulation No 207/2009.

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