Action brought on 12 June 2012 - Mederer v OHIM - Katjes Fassin (SOCCER GUMS)

(Case T-258/12)

Language in which the application was lodged: German

Parties

Applicant: Mederer GmbH (Fürth, Germany) (represented by: O. Ruhl and C. Sachs, lawyers)

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

Other party to the proceedings before the Board of Appeal: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of 10 April 2012 in Case R 225/2011-4;

Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Katjes Fassin GmbH & Co. KG to pay the costs of the opposition proceedings, the appeal proceedings and the proceedings before the Court.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark 'SOCCER GUMS' for goods in Class 30 - Community trade mark application No 8 629 446

Proprietor of the mark or sign cited in the opposition proceedings: Katjes Fassin GmbH & Co. KG

Mark or sign cited in opposition: the national word mark 'SOCCER STAR' for goods in Class 30

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:

Infringement of Article 76(1) of Regulation No 207/2009 ;

Infringement of Article 8(1)(b) of Regulation No 207/2009.

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