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Document 62013TN0681

    Case T-681/13: Action brought on 20 December 2013 — Colomer Italy v OHIM — Farmaca International (INTERCOSMO ESTRO)

    IO C 78, 15.3.2014, p. 13–13 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    20/12/2013
    Date lodged:
    20/12/2013
    Author:
    Cúirt Ghinearálta
    Form:
    Faisnéis bhreithiúnach
    Authentic language:
    Iodáilis
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    Instruments cited in case law:
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    15.3.2014   

    EN

    Official Journal of the European Union

    C 78/13

    Action brought on 20 December 2013 — Colomer Italy v OHIM — Farmaca International (INTERCOSMO ESTRO)

    (Case T-681/13)

    2014/C 78/26

    Language in which the application was lodged: Italian

    Parties

    Applicant: Colomer Italy SpA (Sala Bolognese, Italy) (represented by: M. Ricolfi, F. Tarocco and C. Mezzetti, lawyers)

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

    Other party to the proceedings before the Board of Appeal: Farmaca International SpA (Turin, Italy)

    Form of order sought

    The applicant claims that the Court should:

    —

    Uphold the present action and consequently annul the decision of the First Board of Appeal of 3 October 2013, notified on 17 October 2013, given in Case R 1186/2012-1;

    —

    Reject Farmaca International SpA.’s opposition to the registration of the mark ‘INTERCOSMO ESTRO’, so that that registration is granted;

    —

    Order that the applicant’s costs in the proceedings be awarded in its favour.

    Pleas in law and main arguments

    Applicant for the Community trade mark: Colomer Italy SpA

    Community trade mark concerned: Figurative mark containing the word element ‘INTERCOSMO ESTRO’ for goods in class 3

    Proprietor of the mark or sign cited in the opposition proceedings: Farmaca International SpA

    Mark or sign cited in opposition: Non-registered figurative mark ‘ESTRO’ for ‘hair and cosmetic’ goods

    Decision of the Opposition Division: The opposition was upheld

    Decision of the Board of Appeal: The appeal was dismissed

    Pleas in law: Infringement and misapplication of Articles 8(4), 7(1) and 75 of Regulation (EC) No 207/2009.

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