9.2.2013

EN

Official Journal of the European Union

C 38/25

(Case T-511/12)

2013/C 38/45

Language in which the application was lodged: Italian

Parties

Applicant: Refrigue-confecções para o frio, Lda (Pinhal Novo, Portugal) (represented by: C. Bacchini and M. Mazzitelli, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other parties to the proceedings before the Board of Appeal: Fronsac SW and Sixty International SA (Luxembourg, Luxembourg)

Form of order sought

The applicant claims that the General Court should:

—annul in part the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 August 2012 in Case R 2353/2010-2, insofar as that decision upheld the opposition to registration of the mark at issue ‘Refrigue for Cold’ for all the contested goods in Classes 18 and 25;

—order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark containing the word elements ‘Refrigue for cold’, for goods in Classes 18, 24 and 25 — Trade mark application No 5 486 725

Proprietor of the mark or sign cited in the opposition proceedings: Fronsac SW and Sixty International SA

Mark or sign cited in opposition: Community and national figurative marks containing the word element ‘RefrigiWear’ and national figurative mark containing the word elements ‘This RefrigiWear’, for goods in Classes 3, 9, 14, 18 and 25

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Decision of the Opposition Division annulled in part and application for registration dismissed in part

Pleas in law:

—Infringement of Article 8(1)(b) of Regulation No 207/2009

—Infringement of Article 75 of Regulation No 207/2009

—Infringement of Article 76 of Regulation No 207/2009