23.3.2013
EN
Official Journal of the European Union
C 86/25
Action brought on 30 January 2013 — Out of the Blue KG v OHIM — Mombauer (REFLEXX)
(Case T-48/13)
2013/C 86/42
Language of the case: German
Parties
Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and I. George, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Meinhard Mombauer (Cologne, Germany)
Form of order sought
—
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 November 2012 in Case R 1656/2011-4;
—
Order OHIM to bear its own costs and those of the applicant;
—
Were Meinhard Mombauer to participate as intervener in the proceedings, order him to bear his own costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Out of the blue KG
Community trade mark concerned: Word mark ‘REFLEXX’ for goods in Class 9 — Application for Community trade mark No 7 239 511
Proprietor of the mark or sign cited in the opposition proceedings: Meinhard Mombauer
Mark or sign cited in opposition: Figurative mark, containing the word element ‘RELFECTS’, for goods in Class 9
Decision of the Opposition Division: The opposition was upheld
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in Law: Infringement of Article 42(5) in conjunction with Article 8(1)(b) of Regulation No 207/2009
Full & Egal Universal Law Academy