CELEX: 62013TN0514
Language: en
Date: 2013-09-23 00:00:00
Title: Case T-514/13: Action brought on 23 September 2013 — AgriCapital v OHIM — agri.capital (AGRI.CAPITAL)

30.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 352/18
            
         Action brought on 23 September 2013 — AgriCapital v OHIM — agri.capital (AGRI.CAPITAL)
   (Case T-514/13)
   2013/C 352/34
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: AgriCapital Corp. (New York, United States) (represented by: P. Meyer and M. Gramsch, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: agri.capital GmbH (Münster, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2013 given in Case R 2236/2012-2;
            
         
               —
            
            
               Order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs of proceedings, as well as those incurred by the applicant.
            
         
      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 word mark ‘AGRI.CAPITAL’ for goods and services in Classes 4, 7, 35, 36, 37, 39, 40, 42 and 45 — Community trade mark application No 8 341 323
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Community trade mark registration No 6 192 322 for the word mark ‘AgriCapital’ for services in Class 36 and Community trade mark registration No 4 589 339 for the word mark ‘AGRICAPITAL’ for services in Class 36
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8 (1)(b) CTMR.