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Case T-551/12: Action brought on 27 December 2012 — Coppenrath-Verlag v OHIM — Sembella (Rebella)
ECLI:EU:UNKNOWN:62012TN0551
62012TN0551
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23.2.2013
Official Journal of the European Union
C 55/20
(Case T-551/12)
2013/C 55/35
Language in which the application was lodged: German
Parties
Applicant: Coppenrath-Verlag GmbH & Co. KG (Münster, Germany) (represented by: D. Pohl, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Sembella GmbH (Timelkam, Austria)
Form of order sought
The applicant claims that the 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 5 October 2012 in Case R 1681/2011-2;
—Order OHIM to pay the costs including those incurred in the course of the appeal proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘Rebella’ for goods in Classes 20 and 24 — Community trade mark application No 8 498 735
Proprietor of the mark or sign cited in the opposition proceedings: Sembella GmbH
Mark or sign cited in opposition: the word mark ‘Sembella’ for goods in Classes 17, 20 and 22
Decision of the Opposition Division: the opposition was upheld in part
Decision of the Board of Appeal: the appeal was dismissed and the application was accordingly rejected
Pleas in law: Infringement of Article 42(2) of Regulation No 207/2009 and infringement of Article 8(1)(b) of Regulation No 207/2009