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Case T-231/12: Action brought on 30 May 2012 — Rocket Dog Brands/OHIM — Julius-K9 (JULIUS K9)
ECLI:EU:UNKNOWN:62012TN0231
62012TN0231
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Valentina R., lawyer
28.7.2012
EN
Official Journal of the European Union
C 227/27
(Case T-231/12)
2012/C 227/47
Language in which the application was lodged: English
Parties
Applicant: Rocket Dog Brands LLC (Heywood, USA) (represented by: C. Aikens, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Julius-K9 bt (Szigetszentmiklós, Hungary)
Form of order sought
—To annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 21 March 2012 (R 1124/2011-4) insofar as it rejects the Opposition in relation to all goods in class 25; and
—to order the Applicant to pay the costs incurred by the Opponent
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 ‘JULIUS K9’ for goods in Classes 18, 25 and 28 — Community trade mark application No 8 542 201
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Two figurative marks depicting a dog, (crossed) bone(s) and the alphanumeric combination ‘K 9’ for goods in Classes 14, 18 and 25
Decision of the Opposition Division: Rejected 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.