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Case T-549/12: Action brought on 26 December 2012 — Nemeco/OHIM — Coca-Cola (NU)
ECLI:EU:UNKNOWN:62012TN0549
62012TN0549
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Official Journal of the European Union
C 63/21
(Case T-549/12)
2013/C 63/42
Language in which the application was lodged: English
Parties
Applicant: Nemeco (Paris, France) (represented by: E. Gaspar, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: The Coca-Cola Company (Atlanta, United States)
Form of order sought
The applicant claims that the Court should:
—Annul the decision rendered by the Second Board of Appeal of the Office for Harmonisation in the Internal Marked (Trade Marks and Designs) (OHIM) on October 16, 2012 (Case No. R 266/2012-2);
—Order OHIM to bear its own costs and to pay Nemeco’s costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘NU’, for goods in class 32 — International Registration No 1 033 122 designating the European Union
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 5386081 of the word mark ‘NU YU’, for goods in classes 29, 30 and 32
Decision of the Opposition Division: Upheld 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.