CELEX: 62014TN0257
Language: en
Date: 2014-04-24 00:00:00
Title: Case T-257/14: Action brought on 24 April 2014  — Novomatic v OHIM — Berentzen Mally Marketing plus Services (BLACK JACK TM)

24.6.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 194/32
            
         Action brought on 24 April 2014 — Novomatic v OHIM — Berentzen Mally Marketing plus Services (BLACK JACK TM)
   (Case T-257/14)
   2014/C 194/41
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Berentzen Mally Marketing plus Services GmbH (Meerbusch, Germany)
   
      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 18 February 2014 in Case R 329/2012-4 with the consequence that OHIM will have to reject the opposition in its entirety due to lack of similarity of the goods and/or signs and lack of a likelihood of confusion and allow Community trade mark application No 9 4 56  278 to proceed to registration in accordance with the application;
            
         
               —
            
            
               Order OHIM and — in the case of written intervention — the opposing party to bear their own costs and to pay the costs incurred by the applicant in the appeal proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and in these proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark including the word elements ‘BLACK JACK TM’ for goods and services in Classes 9, 28 and 41 — Community trade mark application No 9 4 56  278
   
      Proprietor of the mark or sign cited in the opposition proceedings: Berentzen Mally Marketing plus Services GmbH
   
      Mark or sign cited in opposition: the word and figurative mark ‘BLACK TRACK’ for goods in Classes 18, 25 and 28
   
      Decision of the Opposition Division: the opposition was rejected
   
      Decision of the Board of Appeal: the Opposition Division’s decision was annulled and the trade mark application was rejected in part
   
      Pleas in law: Infringement of Articles 8(1)(b) and 75 of Regulation No 207/2009