28.7.2012
EN
Official Journal of the European Union
C 227/27
Action brought on 30 May 2012 — Rocket Dog Brands/OHIM — Julius-K9 (JULIUS K9)
(Case T-231/12)
2012/C 227/47
Language in which the application was lodged: English
Parties
Applicant: Rocket Dog Brands LLC (Heywood, USA) (represented by: C. Aikens, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Julius-K9 bt (Szigetszentmiklós, Hungary)
Form of order sought
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To annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade marks and Designs) of 21 March 2012 (R 1124/2011-4) insofar as it rejects the Opposition in relation to all goods in class 25; and
—
to order the Applicant to pay the costs incurred by the Opponent
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The word mark ‘JULIUS K9’ for goods in Classes 18, 25 and 28 — Community trade mark application No 8 542 201
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Two figurative marks depicting a dog, (crossed) bone(s) and the alphanumeric combination ‘K 9’ for goods in Classes 14, 18 and 25
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8 (1)(b) of Council Regulation No 207/2009.
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