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Case T-444/12: Action brought on 8 October 2012 — Novartis v OHIM — Tenimenti Angelini (LINEX)
ECLI:EU:UNKNOWN:62012TN0444
62012TN0444
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22.12.2012
Official Journal of the European Union
C 399/24
(Case T-444/12)
2012/C 399/46
Language in which the application was lodged: English
Parties
Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Tenimenti Angelini SpA (Montalcino, Italy)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 August 2012 in case R 414/2011-4; and
—Order the defendant to bear the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘LINEX’, for goods and services in class 5 — Community trade mark application No 8122863
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: Italian trade mark registration No 1281035 for the word mark ‘LINES PERLA’, for goods in classes 5, 16 and 25; Italian trade mark registration No 245598 for the word mark ‘LINES LADY’, for goods in class 5; Italian trade mark registration No 311801 for the word mark ‘LINES INTERVALLO’, for goods in class 5; Italian trade mark registration No 414841 for the word mark ‘LINES IDEA’, for goods in class 5; Italian trade mark registration No 584405 for the word mark ‘LINES SETA’, for goods in classes 5, 16 and 25; Italian trade mark registration No 607537 for the word mark ‘LINES SETA ALI’, for goods in classes 5, 16 and 25; Italian trade mark registration No 643382 for the word mark ‘LINES SETA ULTRA’, for goods in classes 5, 16 and 25; Italian trade mark registration No 980294 for the figurative mark ‘VELO’, for goods in classes 3, 5 and 16; Italian trade mark registration No 980295 for the figurative mark ‘LINES’, for goods in classes 3, 5 and 16; Italian trade mark application No MI2007C011896 for the figurative mark ‘LINES SETA’, for goods in classes 5, 16 and 25; well-known mark in Italy ‘LINES’, for goods in class 5
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law:
—Infringement of Article 76(1) of Council Regulation No 207/2009; and
—Infringement of Article 8(1)(b) of Council Regulation No 207/2009.