EN

Official Journal of the European Union

C 253/44

(Case T-358/14)

2014/C 253/58

Language in which the application was lodged: Spanish

Parties

Applicant: Hoteles Catalonia, SA (Barcelona, Spain) (represented by: J. Grau Mora, A. Torrente Tomás and Y. Sastre Canet, lawyers)

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

Other party to the proceedings before the Board of Appeal: Caixa d’Estalvis de Catalunya (Barcelona, Spain)

Form of order sought

The applicant claims that the Court should:

—annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 February 2014 in Case R 1227/2013-1 rejecting Community trade mark application No 1 0 1 63 814‘HOTEL CATALONIA LA PEDRERA’ by HOTELES CATALONIA S.A., which will consequently have to be registered by OHIM;

—order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Hoteles Catalonia, SA

Community trade mark concerned: Word mark ‘HOTEL CATALONIA LA PEDRERA’ for services in Class 43 — Community trade mark application No 1 0 1 63 814

Proprietor of the mark or sign cited in the opposition proceedings: Caixa d'Estalvis de Catalunya

Mark or sign cited in opposition: Community and national word marks ‘LA PEDRERA’ for services in class 42

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009