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1.6.2013 |
EN |
Official Journal of the European Union |
C 156/47 |
Action brought on 26 March 2013 — CWP v OHIM — Continental Reifen Deutschland (CONTINENTAL WIND PARTNERS)
(Case T-185/13)
2013/C 156/88
Language in which the application was lodged: German
Parties
Applicant: CWP LLC (Wilmington, United States of America) (represented by: O. Bischof, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Continental Reifen Deutschland GmbH (Hanover, Germany)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 January 2013 in Case R 2204/2011-2; |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the figurative mark including the word elements ‘CONTINENTAL WIND PARTNERS’ for goods and services in Classes 7, 9, 11, 35, 36, 37, 39 and 40 — Community trade mark application No 8 445 561
Proprietor of the mark or sign cited in the opposition proceedings: Continental Reifen Deutschland GmbH
Mark or sign cited in opposition: the international registration designating the European Union of the figurative mark including the word element ‘Continental’
Decision of the Opposition Division: the opposition was upheld in part
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009