2.6.2012
EN
Official Journal of the European Union
C 157/10
Action brought on 26 March 2012 — Geipel v OHIM — Reeh (BEST BODY NUTRITION)
(Case T-138/12)
2012/C 157/18
Language in which the application was lodged: German
Parties
Applicant: Yves Geipel (Auerbach, Germany) (represented by: J. Sachs, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Jörg Reeh (Buxtehude, Germany)
Form of order sought
—
Annul the contested decision of the First Board of Appeal of OHIM of 12 January 2012 and reject the opposition of 24 July 2009;
—
Order OHIM to pay the costs of the proceedings, including the costs incurred in the appeal proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Yves Geipel
Community trade mark concerned: Figurative mark ‘BEST BODY NUTRITION’ (international registration No W 982 101, naming the European Union) for goods in classes 25, 28, 29, 30 and 32.
Proprietor of the mark or sign cited in the opposition proceedings: Jörg Reeh.
Mark or sign cited in opposition: Community trade mark No 4 020 161‘BEST4BODY’ for goods in class 25.
Decision of the Opposition Division: Opposition allowed.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: There is no likelihood of confusion between the marks at issue.
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