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Case T-497/12: Action brought on 16 November 2012 — European Drinks v OHIM — Alexandrion Grup Romania (DRACULA BITE)
ECLI:EU:UNKNOWN:62012TN0497
62012TN0497
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Valentina R., lawyer
26.1.2013
EN
Official Journal of the European Union
C 26/58
(Case T-497/12)
2013/C 26/117
Language in which the application was lodged: English
Parties
Applicant: European Drinks SA (Ștei, Romania) (represented by: V. von Bomhard, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: SC Alexandrion Grup Romania Srl (Pleasa, Romania)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 679/2011-4; and.
—Order that the costs of the proceedings be borne by the Defendant
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 ‘DRACULA BITE’, for goods and services in classes 33, 35 and 39 — Community trade mark application No 7588321
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Romanian trade mark registration No 34847 of the figurative mark ‘Dracula’, for goods and services in classes 33 and 35
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 42(2) and 42(3) of Council Regulation No 207/2009.