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Case T-714/13: Action brought on 23 December 2013 — Gold Crest v OHIM (MIGHTY BRIGHT)
ECLI:EU:UNKNOWN:62013TN0714
62013TN0714
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Official Journal of the European Union
C 61/17
(Case T-714/13)
2014/C 61/31
Language of the case: English
Parties
Applicant: Gold Crest LLC (Santa Barbara, United States) (represented by: P. Rath and W. Festl-Wietek, lawyers)
Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 8 October 2013 given in Case R 2038/2012-2;
—Declare the Community trade mark applied for eligible for registration;
—Order the defendant to bear the costs of proceedings.
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘MIGHTY BRIGHT’ for goods and services in Class 11 — Community trade mark application No 10 853 141
Decision of the Examiner: Rejected the application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 7(1)(b) and (c) and Article 65(2) CTMR.