27.7.2013

Official Journal of the European Union

C 215/14

Action brought on 17 May 2013 — El Corte Inglés v OHIM — Gaffashion (BAUSS)

(Case T-267/13)

2013/C 215/19

Language in which the application was lodged: Spanish

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J. L. Rivas Zurdo, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Gaffashion — Comércio de Acessórios de Moda, Lda (Viana do Castelo, Portugal)

Form of order sought

The applicant claims that the General Court should:

—

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 February 2013 in Case R 2295/2011-2, in so far as, by dismissing the appeal brought by the applicant, it upheld the decision of the Opposition Division to grant in part the Community trade mark No 9 093 733‘BAUSS’ (word);

—	order the party or parties opposing this action to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Gaffashion — Comércio de Acessórios de Moda, Lda

Community trade mark concerned: Word mark ‘BAUSS’ for goods and services in Classes 18, 25 and 35 — Community trade mark application No 9 093 733

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Mark or sign cited in opposition: Figurative marks with word elements ‘BASS 3 TRES’, ‘BASS 10 DIEZ’ and ‘BASS 20 VEINTE’ for goods and services in Classes 18, 25 and 35

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009