Source: EURLEX
Language: en
Format: md

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| 22.2.2014 | EN | Official Journal of the European Union | C 52/38 |

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Action brought on 27 November 2013 — Bimbo v OHIM — Cafe' do Brasil (Caffè KIMBO GOLD MEDAL)

(Case T-638/13)

2014/C 52/73

Language in which the application was lodged: English

Parties

Applicant: Bimbo, SA (Barcelona, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cafe' do Brasil SpA (Melito di Napoli, Italy)

Form of order sought

The applicant claims that the Court should:

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| — | Annul partially the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 25 September 2013 given in Case R 787/2012-4; |

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| — | Order the other party, should it intervene, to bear the costs of proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark containing the verbal elements ‘Caffè KIMBO GOLD MEDAL’ in red, gold, white and black for goods in Classes 30, 32 and 43 — Community trade mark application No 4 037 909

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

Mark or sign cited in opposition: The Spanish trade mark registration No 291 655 for the word mark ‘BIMBO’ for goods in Class 30 and earlier well-known Spanish and Portuguese word mark ‘BIMBO’

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1), (2) and (5) CTMR

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