# C_2013274EN.01002101.xml

| 21.9.2013 | EN | Official Journal of the European Union | C 274/21 |
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21.9.2013

EN

Official Journal of the European Union

C 274/21

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Action brought on 26 July 2013 — Federación Nacional de Cafeteros de Colombia v OHIM — Hautrive (COLOMBIANO HOUSE)

(Case T-387/13)

2013/C 274/35

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Federación Nacional de Cafeteros de Colombia (Bogotá, Colombia) (represented by: A. Pomares Caballero and M. Pomares Caballero, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Nadine Helene Jeanne Hautrive (Chatou, France)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | vary the Decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2013 in Case R 757/2012-5, on the basis that, in the present case, the conditions for applying the relative ground for refusal of registration under Article 8(4) of Regulation No 207/2009 are met; |
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vary the Decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2013 in Case R 757/2012-5, on the basis that, in the present case, the conditions for applying the relative ground for refusal of registration under Article 8(4) of Regulation No 207/2009 are met;

| — | or, failing which, annul the contested decision; |
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or, failing which, annul the contested decision;

| — | and, in any event, order OHIM to pay its own costs and those of the applicant. |
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and, in any event, order OHIM to pay its own costs and those of the applicant.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Nadine Helene Jeanne Hautrive

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark with word elements ‘COLOMBIANO HOUSE’ for goods and services in Classes 16, 25 and 43 — Community trade mark application No 9 225 798

Community trade mark concerned:

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

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

Mark or sign cited in opposition: Protected Geographical Indication with word elements ‘Café de Colombia’

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition rejected

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 14 of Regulation No 510/2006 |
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Infringement of Article 14 of Regulation No 510/2006

| — | Infringement of Article 8(4) of Regulation No 207/2009, in conjunction with Article 13 of Regulation No 510/2006 |
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Infringement of Article 8(4) of Regulation No 207/2009, in conjunction with Article 13 of Regulation No 510/2006

| — | Breach of a procedural requirement through failure to state reasons |
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Breach of a procedural requirement through failure to state reasons

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