Action brought on 20 September 2013 — Government of Malaysia v OHIM — Vergamini (HALAL MALAYSIA)

(Case T-508/13)

2013/C 352/33

Language in which the application was lodged: English

Parties

Applicant: Government of Malaysia (Putrajaya, Malaysia) (represented by: R. Volterra, Solicitor, R. Miller, Barrister, V. von Bomhard and T. Heitmann, lawyers)

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

Other party to the proceedings before the Board of Appeal: Paola Vergamini (Castelnuovo di Garfagnana, Italy)

Form of order sought

The applicant claims that the Court should:

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 figurative mark containing the verbal elements ‘HALAL MALAYSIA’ for goods and services in Classes 5, 18, 25, 29, 30, 31, 32 and 43 — Community trade mark application No 9 169 343

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The non-registered figurative mark containing the verbal elements ‘HALAL MALAYSIA’, which is well known in all 27 Member States of the European Union within the meaning of Article 8(2)(c) CTMR in conjunction with Article 6bis of the Paris Convention and for the purpose of Article 8(4) CTMR a non-registered figurative mark in the United Kingdom

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(4) CTMR.