6.10.2014 |
EN |
Official Journal of the European Union |
C 351/13 |
Action brought on 16 July 2014 — Murnauer Markenvertrieb v OHIM — Bach Flower Remedies (MURNAUERS Bachblüten)
(Case T-534/14)
2014/C 351/15
Language in which the application was lodged: German
Parties
Applicant: Murnauer Markenvertrieb GmbH (Egelsbach, Germany) (represented by: F. Traub and H. Daniel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Bach Flower Remedies Ltd (London, United Kingdom)
Form of order sought
The applicant claims that the 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 5 May 2014 in Case R 2041/2012-2; |
— |
order the defendant to pay the costs of the proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: Murnauer Markenvertrieb GmbH
Community trade mark concerned: Figurative mark including the word elements ‘MURNAUERS Bachblüten’ for goods in Classes 3, 5 and 30 — Community trade mark registration No 9 7 49 847
Proprietor of the mark or sign cited in the opposition proceedings: Bach Flower Remedies Ltd
Mark or sign cited in opposition: National and Community figurative marks including the word element ‘Bach’, national word mark ‘Bach’ and the unregistered mark used in the course of business ‘BACH’ for goods and services in Classes 3, 5, 29, 30, 31, 32, 33, 35, 42 and 44
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.