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21.9.2013 |
EN |
Official Journal of the European Union |
C 274/21 |
Action brought on 26 July 2013 — Federación Nacional de Cafeteros de Colombia v OHIM — Hautrive (COLOMBIANO HOUSE)
(Case T-387/13)
2013/C 274/35
Language in which the application was lodged: Spanish
Parties
Applicant: Federación Nacional de Cafeteros de Colombia (Bogotá, Colombia) (represented by: A. Pomares Caballero and M. Pomares Caballero, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Nadine Helene Jeanne Hautrive (Chatou, France)
Form of order sought
The applicant claims that the General Court should:
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vary the Decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2013 in Case R 757/2012-5, on the basis that, in the present case, the conditions for applying the relative ground for refusal of registration under Article 8(4) of Regulation No 207/2009 are met; |
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or, failing which, annul the contested decision; |
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and, in any event, order OHIM to pay its own costs and those of the applicant. |
Pleas in law and main arguments
Applicant for a Community trade mark: Nadine Helene Jeanne Hautrive
Community trade mark concerned: Figurative mark with word elements ‘COLOMBIANO HOUSE’ for goods and services in Classes 16, 25 and 43 — Community trade mark application No 9 225 798
Proprietor of the mark or sign cited in the opposition proceedings: Applicant
Mark or sign cited in opposition: Protected Geographical Indication with word elements ‘Café de Colombia’
Decision of the Opposition Division: Opposition rejected
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
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Infringement of Article 14 of Regulation No 510/2006 |
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Infringement of Article 8(4) of Regulation No 207/2009, in conjunction with Article 13 of Regulation No 510/2006 |
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Breach of a procedural requirement through failure to state reasons |