CELEX: 62013TN0227
Language: en
Date: 2013-04-17 00:00:00
Title: Case T-227/13: Action brought on 17 April 2013 — Bayer Intellectual Property/OHIM — Interhygiene (INTERFACE)

22.6.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 178/15
            
         Action brought on 17 April 2013 — Bayer Intellectual Property/OHIM — Interhygiene (INTERFACE)
   (Case T-227/13)
   2013/C 178/25
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Bayer Intellectual Property GmbH (Monheim am Rhein, Germany) (represented by: E. Armijo Chávarri, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Interhygiene GmbH (Cuxhaven, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the contested decision for being contrary to law insofar as it declares that the INTERFACE Community trademark application is incompatible with the earlier Interfog trademark;
            
         
               —
            
            
               Expressly sentence OHIM to court fees.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘INTERFACE’ for goods in class 5 — Community trade mark application 8 133 977
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Community trade mark registration of the word mark ‘Interfog’ for goods in class 5
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.