Action brought on 6 February 2013 - Reiner Appelrath-Cüpper/OHIM - Ann Christine Lizenzmanagement (AC)

(Case T-60/13)

Language in which the application was lodged: English

Parties

Applicant: Reiner Appelrath-Cüpper Nachf. GmbH (Cologne, Germany) (represented by: C. Schumann and A. Berger, lawyers)

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

Other party to the proceedings before the Board of Appeal: Ann Christine Lizenzmanagement GmbH & Co. KG (Braunschweig, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Forth Board of Appeal of 28 November 2012 (R 108/2012-4) insofar as the appeal was upheld and the CTM applied for was rejected;

Order the defendant to pay the cost of the proceedings;

Order the intervener to pay the costs of the proceedings before the Office for Harmonisation.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "AC", for goods and services in classes 9, 14, 18, 25 and 35 - Community trade mark application No 9 070 021

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: German trademarks No 30 666 076 and No 30 666 074 and International trade mark registration No 948 259 designating several Member States of the European Union of the figurative mark "AC ANNE CHRISTINE", for goods and services in classes 3, 9, 14, 18, 25 and 35; Community trade mark No 6 904 783, for goods in classes 3, 9, 14 and 25; Community trademark No 6 905 541 for goods in classes 3, 14 and 25

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

Decision of the Board of Appeal: Upheld the appeal partly and annulled the contested decision with respect goods and services of classes 9, 14, 18, 25 and 35, rejected the CTM applied for these goods and services and rejected the appeal for the remainder

Pleas in law: Infringement of Articles 8(1)(b), 15 and 42(2) of Council Regulation No 207/2009.

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