CELEX: 62013TN0599
Language: en
Date: 2013-11-11 00:00:00
Title: Case T-599/13: Action brought on 11 November 2013 — Cosmowell v OHIM — Haw Par (GELENKGOLD)

8.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 39/22
            
         Action brought on 11 November 2013 — Cosmowell v OHIM — Haw Par (GELENKGOLD)
   (Case T-599/13)
   2014/C 39/38
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Cosmowell GmbH (Sankt Johann in Tirol) (represented by: J. Sachs, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Haw Par Corp. Ltd (Singapore, Singapore)
   
      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 13 September 2013 in Case R 2013/2012-4;
            
         
               —
            
            
               order the intervener to pay the costs of the proceedings, including the costs incurred in the appeal procedure.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: figurative mark which includes the picture of a tiger and the word element ‘GELENKGOLD’, for goods in Classes 5, 29 and 30 — Community trade mark application No 9957978
   
      Proprietor of the mark or sign cited in the opposition proceedings: Haw Par Corp. Ltd
   
      Mark or sign cited in opposition: Community figurative marks which include the picture of a tiger, for goods in Class 5
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009.