30.11.2013

EN

Official Journal of the European Union

C 352/18

(Case T-514/13)

2013/C 352/34

Language in which the application was lodged: English

Parties

Applicant: AgriCapital Corp. (New York, United States) (represented by: P. Meyer and M. Gramsch, lawyers)

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

Other party to the proceedings before the Board of Appeal: agri.capital GmbH (Münster, Germany)

Form of order sought

The applicant claims that the Court should:

—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2013 given in Case R 2236/2012-2;

—Order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs of proceedings, as well as those incurred by the applicant.

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 word mark ‘AGRI.CAPITAL’ for goods and services in Classes 4, 7, 35, 36, 37, 39, 40, 42 and 45 — Community trade mark application No 8 341 323

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

Mark or sign cited in opposition: Community trade mark registration No 6 192 322 for the word mark ‘AgriCapital’ for services in Class 36 and Community trade mark registration No 4 589 339 for the word mark ‘AGRICAPITAL’ for services in Class 36

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.