CELEX: 62013TN0711
Language: en
Date: 2013-12-20 00:00:00
Title: Case T-711/13: Action brought on 20 December 2013 — Harrys Pubar v OHIM — Harry’s New York Bar (HARRY’S BAR)

14.4.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/37
            
         Action brought on 20 December 2013 — Harrys Pubar v OHIM — Harry’s New York Bar (HARRY’S BAR)
   (Case T-711/13)
   2014/C 112/49
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Harrys Pubar AB (Gothenburg, Sweden) (represented by: L.-E. Ström, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Harry’s New York Bar SA (Paris, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2013 given in joined Cases R 946/2012-1 and R 995/2012-1;
            
         
               —
            
            
               Order the defendant 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 word mark ‘HARRY’S BAR’ for goods and services in Classes 25, 29, 30, 32, 33 and 43 — Community trade mark application No 3 378 031
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Swedish trade mark registrations Nos 356 009, 320 026, 315 142, 55 6513-1066 for goods and services in Classes 25 and 42
   
      Decision of the Opposition Division: Allowed the opposition in part
   
      Decision of the Board of Appeal: Upheld the appeal in part in Case R 995/2012-1 and dismissed the appeal in Case R 946/2012-1
   
      Pleas in law: Infringement of Article 8(1)(b) and 4 CTMR.