Official Journal of the European Union

C 31/14

(Case T-621/13)

2014/C 31/25

Language in which the application was lodged: Romanian

Parties

Applicant: Pell Amar Cosmetics SRL (Băile, Romania) (represented by: E. Grecu, lawyer)

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

Other party to the proceedings before the Board of Appeal: Alva Management GmbH (Icking, 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 (OHIM) in Case R 388/2013-4;

—order OHIM and Alva Management GmbH to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Pell Amar Cosmetics SRL

Community trade mark concerned: the black and white figurative mark containing the word element ‘Pell amar dr. Ionescu — Calinesti’ (Community trade mark application No 10 109 981)

Proprietor of the mark or sign cited in the opposition proceedings: Alva Management GmbH

Mark or sign cited in opposition: Community registration No 6 645 071, German registration No 1 161 287, and international registrations Nos 588 232 and 657 169 of the word mark ‘PERLAMAR’

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Misapplication of Article 8(1)(b) of Council Regulation No 207/2009, since there is no likelihood of confusion between the Community trade mark concerned and the trade mark cited in opposition.