CELEX: 62013TN0580
Language: en
Date: 2013-11-04 00:00:00
Title: Case T-580/13: Action brought on 4 November 2013 — Real Express v OHIM — MIP Metro (real)

15.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/35
            
         Action brought on 4 November 2013 — Real Express v OHIM — MIP Metro (real)
   (Case T-580/13)
   2014/C 45/61
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Real Express Srl (Bucharest, Romania) (represented by: C. Anitoae, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 September 2013 given in Case R 1519/2012-4;
            
         
               —
            
            
               Order the defendant and the intervener 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 figurative mark in blue and red containing the verbal element ‘real’ for goods and services in Classes 3 and 35 — Community trade mark application No 9 512 609
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Romanian trade marks Nos 38 089 and 80 065
   
      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(1)(b) CTMR.