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Case T-258/12: Action brought on 12 June 2012 — Mederer v OHIM — Katjes Fassin (SOCCER GUMS)
ECLI:EU:UNKNOWN:62012TN0258
62012TN0258
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21.7.2012
EN
Official Journal of the European Union
C 217/28
(Case T-258/12)
2012/C 217/60
Language in which the application was lodged: German
Parties
Applicant: Mederer GmbH (Fürth, Germany) (represented by: O. Ruhl and C. Sachs, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Katjes Fassin GmbH & Co. KG (Emmerich am Rhein, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of 10 April 2012 in Case R 225/2011-4;
—Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Katjes Fassin GmbH & Co. KG to pay the costs of the opposition proceedings, the appeal proceedings and the proceedings before the Court.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘SOCCER GUMS’ for goods in Class 30 — Community trade mark application No 8 629 446
Proprietor of the mark or sign cited in the opposition proceedings: Katjes Fassin GmbH & Co. KG
Mark or sign cited in opposition: the national word mark ‘SOCCER STAR’ for goods in Class 30
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law:
—Infringement of Article 76(1) of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009.