Action brought on 26 June 2014 — Bon Net v OHIM — Aldi (Bon Appétit!)

(Case T-485/14)

2014/C 261/83

Language in which the application was lodged: English

Parties

Applicant: Bon Net OOD (Sofia, Bulgaria) (represented by: A. Ivanova, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Aldi GmbH & Co. KG (Mülheim/Ruhr, Germany)

Form of order sought

The applicant claims that the Court should:

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 in colours red, white and blue containing the verbal elements ‘Bon Appétit!’ for goods in Class 29 — Community trade mark application No 8 6 93  764

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: National trade mark registrations

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.