EN

Official Journal of the European Union

C 253/32

(Case T-256/14)

2014/C 253/46

Language in which the application was lodged: English

Parties

Applicant: Andrea Giuntoli (Barcelona, Spain) (represented by: A. Canela Giménez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Société des produits Nestlé SA (Vevey, Switzerland)

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 12 February 2014 given in Case R 886/2013-2;

—Order OHIM and those who oppose this request to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the verbal elements ‘CREMERIA TOSCANA’ for goods and services in the Classes 30, 35 and 43 — Community trade mark application No 9 5 49 346

Proprietor of the mark or sign cited in the opposition proceedings: Société des produits Nestlé SA

Mark or sign cited in opposition: International trade mark registration of the figurative mark containing the verbal element ‘la Cremeria’

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Annulled the appealed decision, accepted the opposition and partially rejected the CTM application.

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