CELEX: 62013TN0249
Language: en
Date: 2013-05-02 00:00:00
Title: Case T-249/13: Action brought on 2 May 2013 — MHCS/OHIM — Ambra (DORATO)

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/39
            
         Action brought on 2 May 2013 — MHCS/OHIM — Ambra (DORATO)
   (Case T-249/13)
   2013/C 207/65
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: MHCS (Epernay, France) (represented by: P. Boutron, N. Moya Fernández and L-E. Balleydier, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Ambra S.A. (Warsaw, Poland)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Declare admissible the here concerned appeal and enclosures;
            
         
               —
            
            
               Annul the Second Board of Appeal’s decision;
            
         
               —
            
            
               Condemn the OHIM and the intervener to bear the costs.
            
         
      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 containing a device of a bottle neck label and the word element ‘DORATO’ for goods in class 33 — Community trade mark application No 9 131 228
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: Figurative marks containing a device of a bottle neck label for goods in class 33
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.