Action brought on 14 May 2012 - Hübner v OHIM - Silesia Gerhard Hanke (Original silicea Kieselsäure-Gel)

(Case T-211/12)

Language in which the application was lodged: German

Parties

Applicant: Anton Hübner GmbH & Co. KG (Ehrenkirchen, Germany) (represented by: A. Kirchgäßner, lawyer)

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

Other party to the proceedings before the Board of Appeal: Silesia Gerhard Hanke GmbH & Co. KG (Neuss, Germany)

Form of order sought

Amend the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 March 2012 in case R 351/2011-1 as follows: The decision of the Opposition Division is annulled to the extent to which it has been the subject of the appeal, and the opposition is rejected in its entirety;

Order the intervener to pay the costs of the proceedings, including the costs incurred during the appeal procedure.

Pleas in law and main arguments

Applicant for a Community trade mark: Anton Hübner GmbH & Co. KG

Community trade mark concerned: Figurative mark 'Original silicea Kieselsäure-Gel' for goods in Classes 3 and 5 - application No 8 178 576

Proprietor of the mark or sign cited in the opposition proceedings: Silesia Gerhard Hanke GmbH & Co. KG

Mark or sign cited in opposition: National word mark 'Silesia' for goods in Classes 2, 3, 5, 29, 30, 32 and 33

Decision of the Opposition Division: Opposition allowed in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(2)(b) of Regulation No 207/2009

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