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Case T-480/12: Action brought on 5 November 2012 — Coca-Cola v OHIM — Mitico (Master)
ECLI:EU:UNKNOWN:62012TN0480
62012TN0480
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26.1.2013
EN
Official Journal of the European Union
C 26/52
(Case T-480/12)
2013/C 26/105
Language in which the application was lodged: English
Parties
Applicant: The Coca-Cola Company (Atlanta, United States) (represented by: S. Malynicz, Barrister, D. Stone and L. Ritchie, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damascus, Syria)
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 29 August 2012 in case R 2156/2011-2; and
—Order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs and pay those of the applicant.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark ‘Master’, for goods in classes 29, 30 and 32 — Community trade mark application No 9091612
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark registration No 8792475 of the figurative mark ‘Coca-Cola’; Community trade mark registration No 3021086 of the figurative mark ‘Coca-Cola’; Community trade mark registration No 2117828 of the figurative mark ‘Coca-Cola’; Community trade mark registration No 2107118 of the figurative mark ‘Coca-Cola’; United Kingdom trade mark registration No 2428468 of the figurative mark ‘C’
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009