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Case T-463/12: Action brought on 22 October 2012 — Popp and Zech v OHIM — Müller-Boré & Partner (MB)
ECLI:EU:UNKNOWN:62012TN0463
62012TN0463
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8.12.2012
EN
Official Journal of the European Union
C 379/31
(Case T-463/12)
2012/C 379/52
Language in which the application was lodged: German
Parties
Applicants: Eugen Popp (Munich, Germany) and Stefan M. Zech (Munich) (represented by: C. Rohnke and M. Jacob, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Müller-Boré & Partner (Munich, Germany)
Form of order sought
The applicants claim that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 July 2012 in Case R 506/2011-1;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘MB’ for services in Class 42 — Community trade mark application No 7 369 771
Proprietor of the mark or sign cited in the opposition proceedings: Müller-Boré & Partner
Mark or sign cited in opposition: the word mark MBP and the national and Community trade mark, including the word element ‘MB&P’, for services in Classes 35 and 42
Decision of the Opposition Division: rejection of the opposition
Decision of the Board of Appeal: the appeal was upheld and the application was rejected
Pleas in law:
—Infringement of Article 42(2) and Article 15(1) of Regulation No 207/2009
—Infringement of Article 8(1)(b) of Regulation No 207/2009