14.7.2012

EN

Official Journal of the European Union

C 209/9

(Case T-195/12)

2012/C 209/14

Language in which the application was lodged: English

Parties

Applicant: Nuna International BV (Erp, Netherlands) (represented by: A. Alpera Plazas, lawyer)

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

Other party to the proceedings before the Board of Appeal: Nanu-Nana Joachim Hoepp GmbH & Co. (Bremen, Germany)

Form of order sought

—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 February 2012 in case R 476/2011-1; and

—Grant the contested community trade mark application for all the goods designated in the application.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘nuna’, for goods in classes 12, 18, 20, 21, 25 and 28 — Community trade mark application No 6239743

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 application No 6218879 of the word mark ‘NANU’; Community trade mark No 6218945 of the word mark ‘NANA’ for goods and services in classes 4, 6, 8, 11, 14, 16, 18, 20, 21, 24, 26, 28, 30, 34 and 35; Community trade mark No 6217814 of the word mark ‘NANU-NANA’ for goods and services in classes 16, 18, 20, 21, 24, 25, 28 and 35; German trade mark No 36647710 of the word mark ‘NANU’; German trade mark No 39804075 of the word mark ‘NANA’; German trade mark No 1054703 of the word mark ‘NANU-NANA’; International trade mark registration No 557176 of the word mark ‘NANU-NANA’

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision, upheld the opposition and rejected the community trade mark application

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