# C_2015026EN.01004001.xml

| 26.1.2015 | EN | Official Journal of the European Union | C 26/40 |
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26.1.2015

EN

Official Journal of the European Union

C 26/40

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Action brought on 17 November 2014 — Ica Foods v OHIM — San Lucio (GROK)

(Case T-774/14)

(2015/C 026/51)

Language in which the action was brought: Italian

Parties

Parties

Applicant: Ica Foods SpA (Pomezia, Italy) (represented by: A. Nespega, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: San Lucio Srl (San Gervasio Bresciano, Italy)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Proprietor of the trade mark at issue:

Trade mark at issue: Word mark ‘GROK’ — Community mark No 4 4 39  956

Trade mark at issue:

Procedure before OHIM: Invalidity proceedings

Procedure before OHIM:

Contested decision: Decision of the Second Board of Appeal of OHIM of 9 September 2014 in Case R 1815/2013-2

Contested decision:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision relating to invalidity proceedings No 6374C in respect of the registration of the Community mark GROK No 4439956, for infringement of Articles 62 and 63 of the Community Trade Mark Regulation and/or for infringement of Article 8 of Regulation No 40/94 and/or failure to provide adequate reasons, for those reasons; |
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annul the contested decision relating to invalidity proceedings No 6374C in respect of the registration of the Community mark GROK No 4439956, for infringement of Articles 62 and 63 of the Community Trade Mark Regulation and/or for infringement of Article 8 of Regulation No 40/94 and/or failure to provide adequate reasons, for those reasons;

| — | order OHIM to pay the costs of the present proceedings. |
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order OHIM to pay the costs of the present proceedings.

Pleas in law

Pleas in law

| — | infringement of Articles 62 and 63 of the Community Trade Mark Regulation for failure on the part of OHIM to notify the applicant of the deadline for submission of observations in the action, thus in breach of the adversarial principle; |
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infringement of Articles 62 and 63 of the Community Trade Mark Regulation for failure on the part of OHIM to notify the applicant of the deadline for submission of observations in the action, thus in breach of the adversarial principle;

| — | infringement of Article 8 of Regulation No 40/94 and failure to provide adequate reasons as regards the similarity between the goods deriving from San Lucio milk and the goods covered by the registration of ICA’s marks; |
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infringement of Article 8 of Regulation No 40/94 and failure to provide adequate reasons as regards the similarity between the goods deriving from San Lucio milk and the goods covered by the registration of ICA’s marks;

| — | infringement of the Article 8 of Regulation No 40/94 and failure to provide adequate reasons as regards the similarity between the mark GROK of San Lucio and the mark CRIK CROK of ICA; |
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infringement of the Article 8 of Regulation No 40/94 and failure to provide adequate reasons as regards the similarity between the mark GROK of San Lucio and the mark CRIK CROK of ICA;

| — | infringement of the Article 8 of Regulation No 40/94 and failure to provide adequate reasons in respect of the repute of the mark CRIK CROK of ICA. |
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infringement of the Article 8 of Regulation No 40/94 and failure to provide adequate reasons in respect of the repute of the mark CRIK CROK of ICA.

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