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
EN
2013/C 284/05
Language in which the application was lodged: Polish
Applicant: KO-Invest Sp. z o.o. (Łódź, Poland) (represented by: R. Rumpel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Kraft Foods Schweiz Holding GmbH (Zug, Switzerland)
The applicant claims that the General Court should:
—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 May 2013 (Case R 720/2012-4) in so far as it refuses registration of ‘Milkoshake For Active People’ as a Community trade mark for goods in Classes 5, 29, 30 and 32;
—amend the contested decision by registering the mark for all of the goods applied for;
—order OHIM to pay the costs of the proceedings.
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the figurative mark containing the word element ‘Milkoshake For Active People’ for goods in Classes 5, 29, 30 and 32
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: Community trade marks No 31 369 and No 31 344, international registration (IR) No 163 135 and the well-known trade mark ‘MILKA’ for goods in Classes 5, 29, 30 and 32
Decision of the Opposition Division: opposition upheld
Decision of the Board of Appeal: appeal dismissed
Pleas in law: breach of Article 8(1)(b) of Regulation No 207/2009 (1)
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78 of 24.3.2009, p. 1).