8.2.2014 |
EN |
Official Journal of the European Union |
C 39/23 |
Action brought on 25 November 2013 — Ratioparts-Ersatzteile v OHIM — Norwood Promotional Products Europe (NORTHWOOD professional forest equipment)
(Case T-622/13)
2014/C 39/41
Language in which the application was lodged: German
Parties
Applicant: Ratioparts-Ersatzteile-Vertriebs GmbH (Euskirchen, Germany) (represented by: M. Koch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Norwood Promotional Products Europe, SL (Tarragona, Spain)
Form of order sought
The applicant claims that the Court should:
— |
alter the decision of the Second Board of Appeal of 11 September 2013 (Case R 1244/2012-2) in such a way that opposition No B 176807 is rejected, and |
— |
order the opponent to pay the costs of the opposition proceedings and the appellant to pay the costs of the appeal proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the figurative mark ‘NORTHWOOD’ for goods and services in Classes 8, 9, 20, 25 and 35 — Community trade mark application No 9412776
Proprietor of the mark or sign cited in the opposition proceedings: Norwood Promotional Products Europe, SL
Mark or sign cited in opposition: Community word mark ‘NORWOOD’ for goods in Class 35
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