- Query in any language with multilingual search
- Access EUR-Lex and EU Commission case law
- See relevant paragraphs highlighted instantly
Similar Documents
Explore similar documents to your case.We Found Similar Cases for You
Case T-183/11: Action brought on 28 March 2011 — MIP Metro v OHIM — Jacinto (My Little Bear)
ECLI:EU:UNKNOWN:62011TN0183
62011TN0183
With us you find everything. Try it now!
I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
14.5.2011
EN
Official Journal of the European Union
C 145/37
(Case T-183/11)
2011/C 145/62
Language in which the application was lodged: English
Parties
Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Manuel Jacinto, Lda (S.Paio de Oleiros, Portugal)
Form of order sought
—Stay the proceedings until the final decision of the Portuguese Trademark Office on the request of revocation which has been filed by the applicant against the earlier Portuguese trademark registration No 384674 on 23 March 2011;
—In case that the request for the stay of proceedings is not granted, to continue the proceeding and to;
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 January 2011 in case R 494/2010-1; and
—Order the defendant to pay the costs, including the costs of the appeal proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘My Little Bear’, in brown, black, white and red, for goods in classes 12, 18, 20, 24, 25 and 28 — Community trade mark application No W00962622
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: Portuguese trade mark registration No 384674 of the figurative mark ‘Little Bear’, for goods in class 18
Decision of the Opposition Division: Rejected the application for all the contested goods
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that there would be a likelihood of confusion between the applied mark and the opposed mark, due to the fact that the verbal elements would be the dominant elements in the complex marks.