CELEX: 62013TN0242
Language: en
Date: 2013-04-29 00:00:00
Title: Case T-242/13: Action brought on 29 April 2013 — Castell Macía v OHIM — PJ Hungary (PEPE CASTELL)

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/38
            
         Action brought on 29 April 2013 — Castell Macía v OHIM — PJ Hungary (PEPE CASTELL)
   (Case T-242/13)
   2013/C 207/64
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: José Castell Macía (Elche, Spain) (represented by: G. Marín Raigal, P. López Ronda, H. Mosback and G. Macias Bonilla, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: PJ Hungary Szolgáltató kft (PJ Hungary kft) (Budapest, Hungary)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
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               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 February 2013 in Case R 1401/2012-1 so as to dismiss the opposition filed and grant the Community trade mark application No 6 798 862‘PEPE CASTELL’, and order the opponent to pay the costs of both sets of proceedings;
            
         
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               order OHIM, as defendant, to bear its own costs and to pay those incurred by the applicant in the present action;
            
         
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               if necessary, order the intervener to bear its own costs and to pay those incurred by the applicant in these proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: José Castell Macía
   
      Community trade mark concerned: Word mark ‘PEPE CASTELL’ for goods and services in Classes 16, 25 and 39 — Community trade mark application No 6 798 862
   
      Proprietor of the mark or sign cited in the opposition proceedings: PJ Hungary Szolgáltató kft
   
      Mark or sign cited in opposition: Figurative mark with word elements ‘Pepe Jeans FOOTWEAR’ for goods in Class 25
   
      Decision of the Opposition Division: Opposition upheld
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009