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Case T-487/12: Action brought on 9 November 2012 — Eckes-Granini v OHIM — Panini (PANINI)
ECLI:EU:UNKNOWN:62012TN0487
62012TN0487
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Valentina R., lawyer
26.1.2013
EN
Official Journal of the European Union
C 26/54
(Case T-487/12)
2013/C 26/110
Language in which the application was lodged: English
Parties
Applicant: Eckes-Granini Group GmbH (Nieder-Olm, Germany) (represented by: W. Berlit, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Panini SpA (Modena, Italy)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 2393/2011-2; and
—Order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark ‘PANINI’, for goods in class 32 — Community trade mark application No 8721987
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark registration No 121780 of the word mark ‘GRANINI’, for inter alia goods in class 32; German trade mark registration No 30315871 of the word mark ‘GRANINI’ for inter alia goods in class 32
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.