13.10.2014   

EN

Official Journal of the European Union

C 361/24


Action brought on 11 August 2014 — Laverana v OHIM (BIO ORGANIC)

(Case T-610/14)

2014/C 361/37

Language of the case: German

Parties

Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by J. Wachinger, M. Zöbisch and D. Chatterjee, lawyers)

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

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) of 2 June 2014 in case R 301/2014-4;

order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark which contains the word elements ‘BIO ORGANIC’ for goods and services in Classes 3, 5 and 35 — Community trade mark application No 1 2 0 06  409

Decision of the Examiner: Refused the application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

Infringement of Article 7(1)(b) of Regulation No 207/2009;

Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009;

Infringement of Article 7(1)(c) of Regulation No 207/2009;

Misuse of powers by a decision on the basis of competition policy considerations.