11.8.2012

EN

Official Journal of the European Union

C 243/25

(Case T-246/12)

2012/C 243/44

Language in which the application was lodged: English

Parties

Applicant: Cat Media Pty Ltd (Warriewood, Australia) (represented by: I. De Freitas, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Avon Products, Inc. (New York, United States)

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 21 March 2012 in case R 740/2011-1;

—Order the defendant and the other party to the proceedings before the Board of Appeal to pay the appellant’s costs in relation to these proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘RETANEW’, for goods in class 3 — Community trade mark application No W00884450

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 registration No 3531051 of the word mark ‘ANEW’ for goods in classes 3 and 5

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision and refused the application in its entirety

Pleas in law:

—Infringement of Article 8(1)(b) of Council Regulation No 207/2009.