Judgment — ECLI:EU:T:2015:37
Date: 2015-01-21
Language of the case: German
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 4 November 2013 – Schwerdt v OHIM – Iberamigo (cat&clean) (Case T-587/13) Language in which the application was lodged: German Parties Applicant: Miriam Schwerdt (Porta-Westfalica, Germany) (represented by: K. Kruse, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Iberamigo, SA (Rubi, Spain) Form of order sought The applicant claims that the General Court should: annul decision No R 1799/2012-4 of the Board of Appeal of the defendant of 3 September 2013; order the defendant to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: the applicant Community trade mark concerned: figurative mark in colour representing a cat with the word elements “cat & clean” for goods in Class 31 – application for Community trade mark No 9 612 301 Proprietor of the mark or sign cited in the opposition proceedings: Iberamigo, SA Mark or sign cited in opposition: Spanish word mark “CLEAN CAT” for goods in Class 31 Decision of the Opposition Division: the opposition was upheld Decision of the Board of Appeal: the appeal was dismissed Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 and of Article 29 et seq. of the Treaty on the Functioning of the European Union.