CELEX: 62013TN0309
Language: en
Date: 2013-06-07 00:00:00
Title: Case T-309/13: Action brought on 7 June 2013 — Enosi Mastichoparagogon/OHIM — Gaba International (ELMA)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 226/23
            
         Action brought on 7 June 2013 — Enosi Mastichoparagogon/OHIM — Gaba International (ELMA)
   (Case T-309/13)
   (2013/C 226/31)
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Enosi Mastichoparagogon Chiou (Chios, Greece) (represented by: A. Malamis, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Gaba International Holding AG (Hamburg, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of 26 March 2013, in Case R 1539/2012-4;
            
         
               —
            
            
               Order the Office and other party (opponent before the Opposition Division and appellee before the OHIM’s Board of Appeal) to bear their own costs and pay those of the CTM applicant (applicant for annulment).
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘ELMA’ for goods in class 5 — International registration designating the European Community 900 845
   
      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 ‘ELMEX’ for goods in classes 3, 5 and 21
   
      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.