EN

Official Journal of the European Union

C 292/46

(Case T-404/14)

2014/C 292/57

Language in which the application was lodged: German

Parties

Applicant: Junited Autoglas Deutschland GmbH & Co. KG (Cologne, Germany) (represented by: C. Weil, lawyer)

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

Other party to the proceedings before the Board of Appeal: United Vehicles GmbH (Munich, Germany)

Form of order sought

The applicant claims that the Court should:

—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 April 2014 in Case R 859/2013-4;

—Uphold the appeal;

—Uphold the opposition based on earlier Community trade mark No 6 0 25 399;

—And dismiss the application for registration of the word mark ‘UNITED VEHICLES’;

—Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: United Vehicles GmbH

Community trade mark concerned: the word mark ‘UNITED VEHICLEs’ for services in Classes 35, 36, 38 and 42 — Community trade mark application No 1 0 3 30 041

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

Mark or sign cited in opposition: the word mark ‘Junited’ for goods and services in Classes 1, 3, 7, 8, 9, 12, 14, 16, 17, 19, 21, 25, 26, 35, 36, 37 and 39 to 41

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was dismissed

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