Judgment — ECLI:EU:T:2016:327
Date: 2016-06-01
Language of the case: Spanish
Court formation: Fourth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 18 May 2015 — Grupo Bimbo v OHIM (Shape of bars with four circles) (Case T-240/15) Language of the case: Spanish Parties Applicant: Grupo Bimbo, SAB de CV (Mexico City, Mexico) (represented by: N. Fernández Fernández-Pacheco, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) Details of the proceedings before OHIM Trade mark at issue: Three-dimensional Community trade mark (Shape of bars with four circles) — Application for registration No 12 551 867 Contested decision: Decision of the First Board of Appeal of OHIM of 2 March 2015 in Case R 1602/2014-1 Forms of order sought The applicant claims that the Court should: annul the contested decision because it is unlawful and infringes the legal provisions in force concerning the Community trade mark; deliver a judgment in accordance with the claims set out in the application on the basis of the sufficient intrinsic distinctiveness of the three-dimensional mark applied for; order the registration of the application for a three-dimensional Community trade mark No 12 551 867, for goods in classes 5, 29 and 30 of the International Classification in its entirety; order the party opposing that claim to pay the costs or expenses of the proceedings and to reimburse the appeal fees paid to OHIM and the corresponding expenses. Plea in law Infringement of Article 7(1)(b) of Regulation No 207/2009.