CELEX: 62013TN0382
Language: en
Date: 2012-07-24 00:00:00
Title: Case T-382/13: Action brought on 24 July 2013 — Perfetti Van Melli v OHIM (MARGARITAS)

21.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 274/20
            
         Action brought on 24 July 2013 — Perfetti Van Melli v OHIM (MARGARITAS)
   (Case T-382/13)
   2013/C 274/34
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Perfetti Van Melli SpA (Lainate, Italy) (represented by P. Testa, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
                
            
            
               Annul the decision of the First Board of Appeal of 10 April 2013 in Case R 430/2012-1, in so far as it rejected the application for registration of the trade mark ‘MARGARITAS’ for the following products: confectionery, pastry, sweets, caramels, wine gums, caramel, chewing-gum, gelatine (confectionery), liquorice, lollipops, toffee, pastilles, sugar, chocolate, cocoa.
            
         
                
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: Community word mark ‘MARGARITAS’ for goods in Class 30 — Community trade mark application No 10 261 105
   
      Decision of the Examiner: Application rejected
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law:
   
   
                
            
            
               Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘MARGARITA’ is not descriptive;
            
         
                
            
            
               Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘MARGARITA’ does not describe an essential characteristic of the product;
            
         
                
            
            
               Infringement of Article 7(1)(b) of Regulation No 207/2009, since the term ‘MARGARITAS’ has distinctive character with regard to confectionery products.