CELEX: 62013TN0638
Language: en
Date: 2013-11-27 00:00:00
Title: Case T-638/13: Action brought on 27 November 2013 — Bimbo v OHIM — Cafe' do Brasil (Caffè KIMBO GOLD MEDAL)

22.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 52/38
            
         Action brought on 27 November 2013 — Bimbo v OHIM — Cafe' do Brasil (Caffè KIMBO GOLD MEDAL)
   (Case T-638/13)
   2014/C 52/73
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Bimbo, SA (Barcelona, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)
   
      Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Cafe' do Brasil SpA (Melito di Napoli, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul partially the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 25 September 2013 given in Case R 787/2012-4;
            
         
               —
            
            
               Order the other party, should it intervene, to bear the costs of proceedings.
            
         
      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 the verbal elements ‘Caffè KIMBO GOLD MEDAL’ in red, gold, white and black for goods in Classes 30, 32 and 43 — Community trade mark application No 4 037 909
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: The Spanish trade mark registration No 291 655 for the word mark ‘BIMBO’ for goods in Class 30 and earlier well-known Spanish and Portuguese word mark ‘BIMBO’
   
      Decision of the Opposition Division: Upheld the opposition in part
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1), (2) and (5) CTMR