CELEX: 62013TN0548
Language: en
Date: 2013-10-15 00:00:00
Title: Case T-548/13: Action brought on 15 October 2013 — Aderans v OHIM — Ofer (VITALHAIR)

14.12.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 367/35
            
         Action brought on 15 October 2013 — Aderans v OHIM — Ofer (VITALHAIR)
   (Case T-548/13)
   2013/C 367/62
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Aderans Company Ltd (Tokyo, Japan) (represented by: M. Graf, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Gerhard Ofer (Troisdorf, Germany)
   
      Form of order sought
   
   The applicant claims that the 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 1 August 2013 in Case R 1467/2012-1;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark ‘VITALHAIR’ for goods in Classes 3, 21 and 26 — Community trade mark application No 7 254 378
   
      Proprietor of the mark or sign cited in the opposition proceedings: Gerhard Ofer
   
      Mark or sign cited in opposition: the Community word mark ‘Haar-Vital’ and the German figurative mark ‘HAARVITAL’ for goods and services in Classes 3, 26 and 44
   
      Decision of the Opposition Division: the opposition was upheld in part
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Articles 42(2) and (3) and 8(1)(b) of Regulation (EC) No 207/2009