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Case T-374/12: Action brought on 20 August 2012 — Brouwerij Van Honsebrouck v OHIM — Beverage Trademark (KASTEEL)
ECLI:EU:UNKNOWN:62012TN0374
62012TN0374
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10.11.2012
EN
Official Journal of the European Union
C 343/16
(Case T-374/12)
2012/C 343/27
Language in which the application was lodged: French
Parties
Applicant: Brouwerij Van Honsebrouck (Ingelmunster, Belgium) (represented by: P. Maeyaert, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Beverage Trademark Co. Ltd BTM (Tortola, British Virgin Islands)
Form of order sought
—annul in its entirety the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 June 2012 in Case R 2551/2010-2;
—order OHIM and Beverage Trademark Co. Ltd BTM to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The international figurative mark incorporating the word element ‘KASTEEL’ for goods in Class 32 — International registration No W 975 635
Proprietor of the mark or sign cited in the opposition proceedings: Beverage Trademark Co. Ltd BTM
Mark or sign cited in opposition: National mark ‘CASTEL BEER’ for goods in Class 32
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
—Breach of Article 76(1) of Regulation No 207/2009;
—Breach of Article 42 of Regulation No 207/2009;
—Breach of Article 8(1)(b) of Regulation No 207/2009.