CELEX: 62013TN0587
Language: en
Date: 2013-11-04 00:00:00
Title: Case T-587/13: Action brought on 4 November 2013 — Schwerdt v OHIM — Iberamigo (cat&clean)

25.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/28
            
         Action brought on 4 November 2013 — Schwerdt v OHIM — Iberamigo (cat&clean)
   (Case T-587/13)
   2014/C 24/50
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Miriam Schwerdt (Porta-Westfalica, Germany) (represented by: K. Kruse, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Iberamigo, SA (Rubi, Spain)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
               —
            
            
               annul decision No R 1799/2012-4 of the Board of Appeal of the defendant of 3 September 2013;
            
         
               —
            
            
               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: figurative mark in colour representing a cat with the word elements ‘cat & clean’ for goods in Class 31 — application for Community trade mark No 9 612 301
   
      Proprietor of the mark or sign cited in the opposition proceedings: Iberamigo, SA
   
      Mark or sign cited in opposition: Spanish word mark ‘CLEAN CAT’ for goods in Class 31
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 and of Article 29 et seq. of the Treaty on the Functioning of the European Union.