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Case T-401/12: Action brought on 10 September 2012 — Klingel v OHIM — Develey (JUNGBORN)
ECLI:EU:UNKNOWN:62012TN0401
62012TN0401
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Valentina R., lawyer
27.10.2012
EN
Official Journal of the European Union
C 331/31
(Case T-401/12)
(2012/C 331/60)
Language in which the application was lodged: German
Parties
Applicant: Robert Klingel OHG (Pforzheim, Germany) (represented by: T. Zeiher, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Develey Holding GmbH & Co. Beteiligungs KG (Unterhaching, Germany)
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 9 July 2012 in Case R 936/2011-4;
—reject the opposition to the protection of international registration W 1 002 323 — JUNGBORN;
—in the alternative, refer the case back to the Board of Appeal for a further decision;
—order the unsuccessful party to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Robert Klingel OHG
Community trade mark concerned: Word mark ‘JUNGBORN’ for goods in Classes 29, 30, 32 and 33 — international registration designating the European Union No W 1 002 323
Proprietor of the mark or sign cited in the opposition proceedings: Develey Holding GmbH & Co. Beteiligungs KG
Mark or sign cited in opposition: German word mark ‘BORN’ for goods in Classes 29, 30 and 32
Decision of the Opposition Division: The opposition was allowed in part
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 41(1)(a) and Article 8(1)(b) of Regulation No 207/2009