Action brought on 6 August 2012 - Premiere Polish v OHIM - Donau Kanol (ECOFORCE)

(Case T-361/12)

Language in which the application was lodged: English

Parties

Applicant: Premiere Polish Co., Ltd (Cheltenham, United Kingdom) (represented by: C. Jones and M. Carter, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Donau Kanol GmbH & Co KG (Ried im Traunkreis, Austria)

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 8 June 2012 in case R 851/2011-4;

Allow the applicant's Community trade mark application No 8777005 in its entirety or in the alternative, the proceedings be remitted to the Board of Appeal; and

Order the Office to pay the applicant's costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "ECOFORCE" for goods in class 3 - Community trade mark application No 8777005

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 7243173 of the figurative mark "ECO FORTE" for goods in classes 1, 3 and 5

Decision of the Opposition Division: Upheld the opposition

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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