CELEX: 62014TN0510
Language: en
Date: 2014-07-03 00:00:00
Title: Case T-510/14: Action brought on 3 July 2014 — Staywell Hospitality Group v. OHIM — Sheraton International IP (PARK REGIS)

8.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 303/47
            
         Action brought on 3 July 2014 — Staywell Hospitality Group v. OHIM — Sheraton International IP (PARK REGIS)
   (Case T-510/14)
   2014/C 303/55
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Staywell Hospitality Group Pty Ltd (Sydney, Australia) (represented by: D. Farnsworth, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Sheraton International IP LLC (Stamford, United States of America)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fifth Board of Appeal of 30 April 2014 in Cases R 240/2013-5 and R 303/2013-5 insofar as it concerns Case R 240/2013-5; and
            
         
               —
            
            
               condemn the Defendant to bear its own and pay the Applicant’s costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark containing the word elements ‘PARK REGIS’ for services in Classes 35, 36 and 43 — Community trade mark application No 9 4 88  933
   
      Proprietor of the mark or sign cited in the opposition proceedings: Sheraton International IP LLC
   
      Mark or sign cited in opposition: The figurative and word marks ‘ST. REGIS’ for services in Classes 36, 42 and 43, the international trade mark registration designating the European Union of the word mark ‘ST. REGIS’ for services in Class 36 as well as the well-known figurative and word marks ‘ST. REGIS’ in the European Union
   
      Decision of the Opposition Division: The opposition was partially upheld
   
      Decision of the Board of Appeal: The appeals were dismissed
   
      Pleas in law: Infringement of Article 8 (1) (b) of Regulation No 207/2009