CELEX: 62013TN0341
Language: en
Date: 2013-06-27 00:00:00
Title: Case T-341/13: Action brought on 27 June 2013 — Groupe Léa Nature/OHIM — Debonaire Trading (SO'BiO ētic)

7.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/42
            
         Action brought on 27 June 2013 — Groupe Léa Nature/OHIM — Debonaire Trading (SO'BiO ētic)
   (Case T-341/13)
   2013/C 260/76
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Groupe Léa Nature (Périgny, France) (represented by: S. Arnaud, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Debonaire Trading Internacional, Lda (Funchal, Portugal)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Declare the application admissible;
            
         
               —
            
            
               Annul decision R 203/2011-1 of the First Board of Appeal for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 March 2013, notified 18 April 2013;
            
         
               —
            
            
               Order DEBONAIRE TRADING INTERNACIONAL LDA and OHIM each to bear the costs, which they have incurred in the course of the proceedings before the General Court.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘SO’Bio ētic’, for goods in classes 3, 24 and 25 — Community trade mark application No 6 827 281
   
      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 registrations and United Kingdom trade mark registrations of the word mark ‘SO…?’et al., for goods in classes 3 and 25
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application with respect to all goods claimed in classes 3 and 25
   
      Pleas in law: Infringement of Article 8 (1)(b) and (5) of CTMR.