# C_2014409EN.01005501.xml

| 17.11.2014 | EN | Official Journal of the European Union | C 409/55 |
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17.11.2014

EN

Official Journal of the European Union

C 409/55

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Action brought on 22 September 2014 — Novomatic v OHIM — Simba Toys (African SIMBA)

(Case T-687/14)

2014/C 409/75

Language in which the application was lodged: German

Parties

Parties

Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Simba Toys GmbH & Co. KG (Fürth, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

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 11 July 2014 in Case R 2098/2013-4 with the consequence that OHIM will have to reject the opposition in its entirety due to lack of similarity between the goods and/or signs or due to lack of a likelihood of confusion and allow Community trade mark application No 009752271 ‘African SIMBA’ to proceed to registration in accordance with the application; |
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 July 2014 in Case R 2098/2013-4 with the consequence that OHIM will have to reject the opposition in its entirety due to lack of similarity between the goods and/or signs or due to lack of a likelihood of confusion and allow Community trade mark application No 009752271 ‘African SIMBA’ to proceed to registration in accordance with the application;

| — | Order OHIM and, in the case of a written intervention, the opposing party, to bear their own costs and to pay the costs incurred by the applicant in the appeal proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and in the present proceedings. |
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Order OHIM and, in the case of a written intervention, the opposing party, to bear their own costs and to pay the costs incurred by the applicant in the appeal proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and in the present proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Applicant for a Community trade mark:

Community trade mark concerned: the figurative mark including the word elements ‘African SIMBA’ for goods in Class 28 — Community trade mark application No 9 7 52  271

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: the other party to the proceedings before the Board of Appeal

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: the national figurative mark including the word element ‘SIMBA’ and the international registration of the word mark ‘SIMBA’ for goods in Class 28

Mark or sign cited in opposition:

Decision of the Opposition Division: the opposition was upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: the appeal was dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) and Article 75 of Regulation No 207/2009

Pleas in law:

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