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Case T-356/12: Action brought on 6 August 2012 — Debonair Trading Internacional v OHIM — Ibercosmetica (SÔ:UNIC)
ECLI:EU:UNKNOWN:62012TN0356
62012TN0356
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Valentina R., lawyer
13.10.2012
EN
Official Journal of the European Union
C 311/12
(Case T-356/12)
2012/C 311/16
Language in which the application was lodged: English
Parties
Applicant: Debonair Trading Internacional Lda (Funcha, Madeira) (represented by: T. Alkin, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Ibercosmetica, SA de CV (Mexico City, Mexico)
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 4 June 2012 in case R 1033/2011-4;
—Order the other party to pay the costs incurred by 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 word mark ‘SÔ:UNIC’, for goods in class 3 — Community trade mark application No 8197972
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: A series of 24 Community, International, UK and Irish registered trade marks consisting of the word ‘SO’ combined with other material, for goods in class 3; A series of 17 unregistered signs consisting of the word ‘SO’ combined with other material, used in connection with goods in class 3
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 Article 8(1)(b) of Council Regulation No 207/2009;
—Infringement of Rule 15(2)(b)(iii) of Commission Regulation No 2868/95; and
—Infringement of Article 8(4) of Council Regulation No 207/2009.