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Case T-25/12: Action brought on 17 January 2012 — 3M Pumps v OHIM — 3M (3M Pumps)
ECLI:EU:UNKNOWN:62012TN0025
62012TN0025
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31.3.2012
EN
Official Journal of the European Union
C 98/23
(Case T-25/12)
2012/C 98/38
Language in which the application was lodged: Italian
Parties
Applicant: 3M Pumps Srl (Taglio di Po, Italy) (represented by: F. Misuraca, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: 3M Company (St. Paul, United States)
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 27 October 2011 in Case R 2406/2010-1.
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: 3M Pumps Srl
Community trade mark concerned: Figurative mark containing the word element ‘3M Pumps’, for goods and services in Classes 7, 16 and 38
Proprietor of the mark or sign cited in the opposition proceedings: 3M Company
Mark or sign cited in opposition: Figurative mark containing the word element ‘3M’, for goods and services in Classes 7, 16 and 38
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(a) and (b) and (5) of Regulation No 207/2009.