6.10.2014

Official Journal of the European Union

C 351/21

Action brought on 4 August 2014 — Giand v OHIM — Flamagas (FLAMINAIRE)

(Case T-583/14)

2014/C 351/27

Language in which the application was lodged: Italian

Parties

Applicant: Giand Srl (Rimini, Italy) (represented by: F. Caricato, lawyer)

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

Other party to the proceedings before the Board of Appeal: Flamagas, SA (Barcelona, Spain)

Form of order sought

The applicant claims that the Court should:

—	Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 June 2014 in Case R 2117/2011-4, finding that there is no likelihood of confusion between the marks referred to below;

—	Refer the case back to OHIM so it can amend the decision on the substance of the case and register Community Trade Mark No 8 6 80 746 in respect of all the goods covered, without prejudice to those which are uncontested;

—	Order OHIM to pay the costs of proceedings before the Opposition Division, Board of Appeal and General Court.

Pleas in law and main arguments

Applicant for a Community trade mark: Giand Srl

Community trade mark concerned: the word mark ‘FLAMINAIRE’ for goods in Classes 16 and 34 — Community Trade Mark application No 8 6 80 746

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

Mark or sign cited in opposition: national and international word marks for goods in Classes 16 and 34

Decision of the Opposition Division: opposition rejected in part

Decision of the Board of Appeal: appeal dismissed

Pleas in law:

—	Breach of the principle of ne bis in idem;

—	Incorrect assessment of the likelihood of confusion;

—	Incorrect assessment of the evidence.