23.3.2013

EN

Official Journal of the European Union

C 86/18

(Case T-1/13)

2013/C 86/29

Language in which the application was lodged: English

Parties

Applicant: Advance Magazine Publishers, Inc. (New York, United States) (represented by: T. Raab, H. Lauf and V. Ahmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Montres Tudor SA (Geneva, Switzerland)

Form of order sought

The applicant claims that the Court should:

—Fully set aside the decision of the Second Board of Appeal of the Office for the Harmonization in the Internal Market (Trade Marks and Designs) of 10 October 2012, appeal no. R 0231/2012-2;

—award the costs of the proceedings against the defendant and the other party to the proceedings before the Board of Appeal of OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘GLAMOUR’ Community trade mark application No 9 380 916

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: International registration with effect in the Community, ‘TUDOR GLAMOUR’ for goods in class 14

Decision of the Opposition Division: Upheld the opposition 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.