24.6.2014

Official Journal of the European Union

C 194/31

(Case T-254/14)

2014/C 194/40

Language of the case: German

Parties

Applicant: Warenhandelszentrum Ltd. (Neu-Ulm, Germany) (represented by: F. Hirschel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Baumarkt Max Bahr GmbH & Co. KG (Hamburg, Germany)

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 29 January 2014 in case R 2035/2012-1 and allow the applicant’s trade mark applied for;

—order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Applicant

Community trade mark concerned: Figurative mark, containing the word elements ‘NEW MAX’, for goods and services in Classes 3, 5 and 37 — Community trade mark application No 1 0 1 06 474

Proprietor of the mark or sign cited in the opposition proceedings: Baumarkt Max Bahr GmbH & Co. KG

Mark or sign cited in opposition: Figurative mark, containing the word element ‘MAX’, for services in Class 35

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and complete rejection of the trade mark applied for

Pleas in law: There is no likelihood of confusion between the marks at issue