Action brought on 14 September 2012 - Ubee Interactive v OHIM - Augere Holdings (Netherlands) (Ubee Interactive)

(Case T-407/12)

Language in which the application was lodged: English

Parties

Applicant: Ubee Interactive Corp. (Jhubei City, Taiwan) (represented by: M. Nentwig, lawyer)

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

Other party to the proceedings before the Board of Appeal: Augere Holdings (Netherlands) BV (Amsterdam, Netherlands)

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 12 July 2012 in case R 1849/2011-2; and

Order the defendant to bear the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "Ubee Interactive", for goods and services in classes 9 and 38 - Community trade mark application No 7397326

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: Community trade mark registration No 7130248 of the word mark "QUBEE", for goods and services in classes 9, 37, 38 and 42; Community trade mark No 7224603 of the figurative mark "QUBEE", for goods and services in classes 9, 37, 38 and 42

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

Decision of the Board of Appeal: Dismissed the appeal

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

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