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.