31.3.2012
EN
Official Journal of the European Union
C 98/23
Action brought on 17 January 2012 — 3M Pumps v OHIM — 3M (3M Pumps)
(Case T-25/12)
2012/C 98/38
Language in which the application was lodged: Italian
Parties
Applicant: 3M Pumps Srl (Taglio di Po, Italy) (represented by: F. Misuraca, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: 3M Company (St. Paul, United States)
Form of order sought
—
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 October 2011 in Case R 2406/2010-1.
—
Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: 3M Pumps Srl
Community trade mark concerned: Figurative mark containing the word element ‘3M Pumps’, for goods and services in Classes 7, 16 and 38
Proprietor of the mark or sign cited in the opposition proceedings: 3M Company
Mark or sign cited in opposition: Figurative mark containing the word element ‘3M’, for goods and services in Classes 7, 16 and 38
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(a) and (b) and (5) of Regulation No 207/2009.
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