26.1.2013

EN

Official Journal of the European Union

C 26/57

(Case T-495/12)

2013/C 26/115

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 680/2011-4; 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 in colour ‘Dracula Bite’, for goods and services in classes 33, 35 and 39 — Community trade mark application No 7588247

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