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Document 62013TN0587

Case T-587/13: Action brought on 4 November 2013 — Schwerdt v OHIM — Iberamigo (cat&clean)

OJ C 24, 25.1.2014, p. 28–28 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

25.1.2014   

EN

Official Journal of the European Union

C 24/28


Action brought on 4 November 2013 — Schwerdt v OHIM — Iberamigo (cat&clean)

(Case T-587/13)

2014/C 24/50

Language in which the application was lodged: German

Parties

Applicant: Miriam Schwerdt (Porta-Westfalica, Germany) (represented by: K. Kruse, lawyer)

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

Other party to the proceedings before the Board of Appeal: Iberamigo, SA (Rubi, Spain)

Form of order sought

The applicant claims that the General Court should:

annul decision No R 1799/2012-4 of the Board of Appeal of the defendant of 3 September 2013;

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: figurative mark in colour representing a cat with the word elements ‘cat & clean’ for goods in Class 31 — application for Community trade mark No 9 612 301

Proprietor of the mark or sign cited in the opposition proceedings: Iberamigo, SA

Mark or sign cited in opposition: Spanish word mark ‘CLEAN CAT’ for goods in Class 31

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 and of Article 29 et seq. of the Treaty on the Functioning of the European Union.


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