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11.8.2012 |
EN |
Official Journal of the European Union |
C 243/21 |
Action brought on 29 may 2012 — Wilmar Trading v OHIM — Agroekola EOOD (ULTRA CHOCO)
(Case T-232/12)
2012/C 243/39
Language in which the application was lodged: English
Parties
Applicant: Wilmar Trading Pte Ltd (Singapore, Singapore) (represented by: E. Miller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Agroekola EOOD (Sofia, Bulgaria)
Form of order sought
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2012 in case R 87/2012-1; |
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Order OHIM to consider the appeal filed against the decision of the Opposition Division of 10 November 2011 on opposition No B001760043 and to process in the normal course. |
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 ‘ULTRA CHOCO’, for goods in classes 29, 30 and 31 — Community trade mark application No 9221111
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Singaporean trade mark registration T0113987B of the word mark ‘ultra choco’ for goods in class 29; European and Bulgarian non-registered trade mark ‘ULTRA CHOCO’, invoking Articles 8(3) and 8(4) of Council Regulation No 207/2009
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Deemed the appeal not to have been filed
Pleas in law: Infringement of Articles 8(3)(a)(ii) and (b) and 8(4) of Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonisation in the Internal Market (Trade Marks and Designs).