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Case T-191/12: Action brought on 30 April 2012 — Roland v OHIM — Textiles Well (wellness inspired by nature)
ECLI:EU:UNKNOWN:62012TN0191
62012TN0191
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14.7.2012
EN
Official Journal of the European Union
C 209/7
(Case T-191/12)
2012/C 209/12
Language in which the application was lodged: English
Parties
Applicant: Roland SE (Essen, Germany) (represented by: O. Rauscher and C. Onken, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Textiles Well SA (Le Vigan, France)
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 15 February 2012 in case R 2552/2010-1;
—Reject the Opposition No 1299967; and
—Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and the other party to the proceedings before the Board of Appeal to bear the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The international figurative mark ‘wellness inspired by nature’, for goods in class 25 — Community trade mark application No W00924808
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 527630 of the word mark ‘WELL’, for goods in class 25; French trade mark registration No 99804486 of the word mark ‘WELLNESS’, for goods in class 25
Decision of the Opposition Division: Upheld the opposition and refused protection to the international registration for all the contested goods
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.