Judgment — ECLI:EU:T:2014:1054
Date: 2014-12-11
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Sweden

Action brought on 4 January 2013 - Sherwin-Williams Sweden/OHIM - Akzo Nobel Coatings International (ARTI) (Case T-12/13) Language in which the application was lodged: English Parties Applicant: Sherwin-Williams Sweden AB (Märsta, Sweden) (represented by: L. Ström, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Akzo Nobel Coatings International BV (Arnhem, Netherlands) Form of order sought The applicant claims that the Court should: Annul the decision of the OHIM First Board of Appeal No R 2085/2011-1 dated, 18 October 2012, (confirming the decision of the Opposition Division Opposition No B 1 717 142, dated 9 August 2011); Award the costs in favour of the applicant. Pleas in law and main arguments Applicant for a Community trade mark: The applicant Community trade mark concerned: The figurative mark "ARTI" for goods in class 2 - Community trade mark registration No 9 017 427 Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal Mark or sign cited in opposition: Benelux trade mark registration No 753 216 and International Trade mark registration No 872 478 of the word mark "ARTITUDE" for goods in class 2 Decision of the Opposition Division: Upheld the opposition Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009. ____________