CELEX: 62013TN0681
Language: en
Date: 2013-12-20 00:00:00
Title: Case T-681/13: Action brought on 20 December 2013 — Colomer Italy v OHIM — Farmaca International (INTERCOSMO ESTRO)

15.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 78/13
            
         Action brought on 20 December 2013 — Colomer Italy v OHIM — Farmaca International (INTERCOSMO ESTRO)
   (Case T-681/13)
   2014/C 78/26
   Language in which the application was lodged: Italian
   
      Parties
   
   
      Applicant: Colomer Italy SpA (Sala Bolognese, Italy) (represented by: M. Ricolfi, F. Tarocco and C. Mezzetti, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Farmaca International SpA (Turin, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Uphold the present action and consequently annul the decision of the First Board of Appeal of 3 October 2013, notified on 17 October 2013, given in Case R 1186/2012-1;
            
         
               —
            
            
               Reject Farmaca International SpA.’s opposition to the registration of the mark ‘INTERCOSMO ESTRO’, so that that registration is granted;
            
         
               —
            
            
               Order that the applicant’s costs in the proceedings be awarded in its favour.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: Colomer Italy SpA
   
      Community trade mark concerned: Figurative mark containing the word element ‘INTERCOSMO ESTRO’ for goods in class 3
   
      Proprietor of the mark or sign cited in the opposition proceedings: Farmaca International SpA
   
      Mark or sign cited in opposition: Non-registered figurative mark ‘ESTRO’ for ‘hair and cosmetic’ goods
   
      Decision of the Opposition Division: The opposition was upheld
   
      Decision of the Board of Appeal: The appeal was dismissed
   
      Pleas in law: Infringement and misapplication of Articles 8(4), 7(1) and 75 of Regulation (EC) No 207/2009.