27.10.2012

EN

Official Journal of the European Union

C 331/26

(Case T-372/12)

(2012/C 331/50)

Language in which the application was lodged: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela, J. Rivas Zurdo and I. Munilla Muñoz, lawyers)

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

Other party to the proceedings before the Board of Appeal: Apro Tech Co., Ltd (Taichung Hsien, Taiwan)

Form of order sought

The applicant claims that the General Court should:

—annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 May 2012 in Case R 196/2011-2, declaring that, pursuant to Article 8(1)(b) of Regulation No 207/2009, the opponent’s action before OHIM should have been upheld and the decision of the Opposition Division granting Community trade mark No 8 253 551‘APRO’ (mixed) in full should have been annulled;

—order the defendant and the other party opposing this action to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Apro Tech Co., Ltd

Community trade mark concerned: Figurative mark ‘APRO’ for goods in Class 12 — Community trade mark application No 8 253 551

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: national and Community figurative mark ‘B-PRO by Boomerang’ and Community word marks ‘PRO MOUNTAIN’ and ‘PRO OUTDOOR’ for goods in Class 12

Decision of the Opposition Division: opposition rejected

Decision of the Board of Appeal: appeal dismissed

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