Source: EURLEX
Language: en
Format: md

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| 31.8.2013 | EN | Official Journal of the European Union | C 252/23 |

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Appeal brought on 1 July 2013 by Metropolis Inmobiliarias y Restauraciones, SL against the judgment of the General Court (Eighth Chamber) delivered on 25 April 2013 in Case T-284/11: Metropolis Inmobiliarias y Restauraciones, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-374/13 P)

2013/C 252/38

Language of the case: English

Parties

Appellant: Metropolis Inmobiliarias y Restauraciones, SL (represented by: J. Carbonell Callicó, abogado)

Otherparties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), MIP Metro Group Intellectual Property GmbH & Co. KG

Form of order sought

The appellant claims that the Court should:

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| — | Set aside the decision of the General Court of 25 April 2013 in case T-284/11, granting in consequence the registration of the Community Trademark Application no7 112 113‘METROINVEST’ to distinguish services in class 36. |

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| — | Order the other parties to bear the costs of the procedure. |

Pleas in law and main arguments

The Appellant raises a single plea alleging the:

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| — | Infringement of the Art. 8.1 b) of Regulation no 207/2009 [(1)](#ntr1-C_2013252EN.01002301-E0001) |

However this plea consists of four parts, which are the following:

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| — | Error on the part of the General Court and on the part of OHIM in assessing the comparison of the signs. |

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| — | The General Court has not taken into account the applicable case law regarding the global assessment of the likelihood of confusion. |

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| — | Lack of coherence with other Office resolutions in which the same parts, and related trademarks are involved. |

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| — | Pacific coexistence between other trademarks, which include the word METRO in different classes, and also in class 36. |

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