Action brought on 4 September 2012 — Fetim v OHIM — Solid Floor (Solidfloor The professional's choice)

(Case T-395/12)

2012/C 355/68

Language in which the application was lodged: English

Parties

Applicant: Fetim BV (Amsterdam, Netherlands) (represented by: L. Bakers, lawyer)

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

Other party to the proceedings before the Board of Appeal: Solid Floor Ltd (London, United Kingdom)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘Solidfloor The professional’s choice’, for goods in class 19 — Community trade mark application No 5667837

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: United Kingdom trade mark registration No 2390415 of the figurative mark ‘SOLID floor’, for goods in classes 19 and 37; Trade name ‘Solid Floor Ltd’ used in the course of trade in the United Kingdom; Domain name ‘SOLID floor’ used in the course of trade in the United Kingdom

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision, upheld the opposition in its entirety and rejected the CTM application

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.