CELEX: 62013TN0271
Language: en
Date: 2013-05-22 00:00:00
Title: Case T-271/13: Action brought on 22 May 2013 — Nutrexpa v OHIM — Kraft Foods Italia Intellectual Property (Cuétara MARÍA ORO)

27.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 215/15
            
         Action brought on 22 May 2013 — Nutrexpa v OHIM — Kraft Foods Italia Intellectual Property (Cuétara MARÍA ORO)
   (Case T-271/13)
   2013/C 215/20
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Nutrexpa, SL (Barcelona, Spain) (represented by: J. Grau Mora, M. Ferrándiz Avendaño and Y. Sastre Canet, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Kraft Foods Italia Intellectual Property Srl (Milan, Italy)
   
      Form of order sought
   
   The applicant claims that the General 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 18 March 2013 in Case R 1285/2012-1, whereby it rejected the application for registration of Community figurative trade mark No 9 056 045‘Cuétara MARÍA ORO’ for ‘Preserved and dried fruits; preserved, dried and cooked vegetables’ (Class 29) and ‘Flour and preparations made from cereals, bread, pastry and confectionery, ices; biscuits’ (Class 30), which should consequently be registered by OHIM;
            
         
               —
            
            
               order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: Figurative mark containing the word elements ‘Cuétara MARÍA ORO’ for goods in Classes 5, 29 and 30 — Application for registration of Community trade mark No 9 056 045
   
      Proprietor of the mark or sign cited in the opposition proceedings: Kraft Foods Italia Intellectual Property Srl
   
      Mark or sign cited in opposition: National and Community figurative marks containing the word element ‘ORO’ for goods in Classes 29 and 30
   
      Decision of the Opposition Division: Opposition upheld in part
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Breach of Article 8(1)(b) of Regulation No 207/2009