CELEX: 62013TN0473
Language: en
Date: 2013-09-03 00:00:00
Title: Case T-473/13: Action brought on 3 September 2013 — G-Star Raw v OHIM — PepsiCo (PEPSI RAW)

23.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 344/57
            
         Action brought on 3 September 2013 — G-Star Raw v OHIM — PepsiCo (PEPSI RAW)
   (Case T-473/13)
   2013/C 344/105
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: G-Star Raw CV (Amsterdam, Netherlands) (represented by: J. van Manen, M. van de Braak and L. Fresco, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: PepsiCo, Inc. (New York, United States)
   
      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) (OHIM) of 25 June 2013 given in Case R 1586/2012-2;
            
         
               —
            
            
               Order the defendant to pay the costs of the present proceedings;
            
         
               —
            
            
               Order the other party to the proceedings before the Board of Appeal to pay the costs of the present proceedings, should it intervene, as well as those incurred in the proceedings before the OHIM.
            
         
      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: Figurative mark containing the verbal elements ‘PEPSI RAW’ for goods in class 32 — Community trade mark application No 6 788 004
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Verbal mark ‘RAW’ for goods in Class 25 — Community trade mark No 4 743 225
   
      Decision of the Opposition Division: Allowed the opposition and rejected the CTM application in its entirety
   
      Decision of the Board of Appeal: Annulled the contested decision
   
      Pleas in law: Infringement of Article 8(1)(b) CTMR.