CELEX: 62013TN0569
Language: en
Date: 2013-10-28 00:00:00
Title: Case T-569/13: Action brought on 28 October 2013 — Bimbo v OHIM — Cafe' do Brasil (Caffè KIMBO Espresso Napoletano)

25.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/25
            
         Action brought on 28 October 2013 — Bimbo v OHIM — Cafe' do Brasil (Caffè KIMBO Espresso Napoletano)
   (Case T-569/13)
   2014/C 24/44
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Bimbo, SA (Barcelona, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)
   
      Defendant: Office for Harmonisation 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:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 August 2013 given in Case R 1561/2012-4;
            
         
               —
            
            
               Order the intervener to pay 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 in red, gold, white and black containing the verbal elements ‘Caffè KIMBO Espresso Napoletano’ for a range of goods and services in Classes 30, 32 and 43 — Community trade mark application No 4 037 933
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Spanish trade mark No 291 655 for the word ‘BIMBO’ for goods in Class 30 and earlier well-known mark in Spain ‘BIMBO’ for goods in Class 30
   
      Decision of the Opposition Division: Rejected the opposition in part
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) and 8(5) CTMR.