CELEX: 62013TN0508
Language: en
Date: 2013-09-20 00:00:00
Title: Case T-508/13: Action brought on 20 September 2013 — Government of Malaysia v OHIM — Vergamini (HALAL MALAYSIA)

30.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 352/17
            
         Action brought on 20 September 2013 — Government of Malaysia v OHIM — Vergamini (HALAL MALAYSIA)
   (Case T-508/13)
   2013/C 352/33
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Government of Malaysia (Putrajaya, Malaysia) (represented by: R. Volterra, Solicitor, R. Miller, Barrister, V. von Bomhard and T. Heitmann, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Paola Vergamini (Castelnuovo di Garfagnana, Italy)
   
      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 27 June 2013 given in Case R 326/2012-1; and
            
         
               —
            
            
               Order that the costs of proceedings be borne by the defendant and by the other party to the proceedings before the Board of Appeal, if it joins as the intervener.
            
         
      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 containing the verbal elements ‘HALAL MALAYSIA’ for goods and services in Classes 5, 18, 25, 29, 30, 31, 32 and 43 — Community trade mark application No 9 169 343
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: The non-registered figurative mark containing the verbal elements ‘HALAL MALAYSIA’, which is well known in all 27 Member States of the European Union within the meaning of Article 8(2)(c) CTMR in conjunction with Article 6bis of the Paris Convention and for the purpose of Article 8(4) CTMR a non-registered figurative mark in the United Kingdom
   
      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(4) CTMR.