Action brought on 6 August 2012 - Debonair Trading Internacional v OHIM - Ibercosmetica (SÔ:UNIC)

(Case T-356/12)

Language in which the application was lodged: English

Parties

Applicant: Debonair Trading Internacional Ldª (Funcha, Madeira) (represented by: T. Alkin, Barrister)

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

Other party to the proceedings before the Board of Appeal: Ibercosmetica, SA de CV (Mexico City, Mexico)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 June 2012 in case R 1033/2011-4;

Order the other party to pay the costs incurred by the applicant.

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 word mark "SÔ:UNIC", for goods in class 3 - Community trade mark application No 8197972

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

Mark or sign cited in opposition: A series of 24 Community, International, UK and Irish registered trade marks consisting of the word "SO" combined with other material, for goods in class 3; A series of 17 unregistered signs consisting of the word "SO" combined with other material, used in connection with goods in class 3

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 Article 8(1)(b) of Council Regulation No 207/2009;

-    Infringement of Rule 15(2)(b)(iii) of Commission Regulation No 2868/95; and

-    Infringement of Article 8(4) of Council Regulation No 207/2009.

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