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Case T-243/12: Action brought on 29 May 2012 — International Brands Germany v OHIM — Stuffer (ALOHA 100 % NATURAL)
ECLI:EU:UNKNOWN:62012TN0243
62012TN0243
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21.7.2012
EN
Official Journal of the European Union
C 217/28
(Case T-243/12)
2012/C 217/58
Language in which the application was lodged: German
Parties
Applicant: International Brands Germany GmbH & Co. KG (Paderborn, Germany) (represented by: B. Hein and M. Hoffmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Stuffer SpA (Bolzano, Italy)
Form of order sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 March 2012 in case R 1058/2011-1 and reject the opposition;
—Order the defendant to pay the costs of the proceedings, including those incurred during the appeal procedure.
Pleas in law and main arguments
Applicant for a Community trade mark: International Brands Germany GmbH & Co. KG
Community trade mark concerned: Figurative mark ‘ALOHA 100 % NATURAL’ for goods in Class 32 — application No 7 050 701
Proprietor of the mark or sign cited in the opposition proceedings: Stuffer SpA
Mark or sign cited in opposition: National word mark ‘ALOA’ for goods in Class 32
Decision of the Opposition Division: Opposition allowed
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009