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8.9.2012 |
EN |
Official Journal of the European Union |
C 273/14 |
Action brought on 3 July 2012 — Mega Brands v OHIM — Diset (MAGNEXT)
(Case T-292/12)
2012/C 273/25
Language in which the application was lodged: English
Parties
Applicant: Mega Brands International, Luxembourg, Zweigniederlassung Zug (Zug, Suisse) (represented by: A. Nordemann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Diset, SA (Barcelona, Spain)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 24 April 2012 in case R 1722/2011-4 and reject the opposition No B 1681447; and |
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Order the defendant to bear the costs of the proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘MAGNEXT’, for goods in class 28 — Community trade mark application No 8990591
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: Spanish trade mark registration No 2550099 of the word mark ‘MAGNET 4’, for goods in class 28; Community trade mark registration No 3840121 of the figurative mark ‘Diset Magnetics’, for goods and services in classes 16, 28 and 41
Decision of the Opposition Division: Upheld the opposition and rejected the application in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.