27.10.2012

Official Journal of the European Union

C 331/31

(Case T-399/12)

(2012/C 331/59)

Language in which the application was lodged: German

Parties

Applicant: Cosma Moden GmbH & Co. KG (Emsdetten, Germany) (represented by: J. Meyer, lawyer)

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

Other party to the proceedings before the Board of Appeal: s.Oliver Bernd Freier GmbH & Co. KG (Rottendorf, Germany)

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 July 2012 in Case R 2010/2010-4 in respect of Community trade mark application No 6 593 479 and alter that decision to the effect that the appeal is well founded and that the opposition must as a result also be rejected as to the remainder;

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark including the word element ‘COSMA’ for goods and services in Classes 24, 25 and 35 — Community trade mark application No 6 593 479

Proprietor of the mark or sign cited in the opposition proceedings: s.Oliver Bernd Freier GmbH & Co. KG

Mark or sign cited in opposition: the figurative mark including the word element ‘comma’ and the national word mark ‘comma’ for goods and services in Classes 3, 6, 9, 14, 18, 20, 25, 26, 28 and 35

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed

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