25.5.2013

EN

Official Journal of the European Union

C 147/21

(Case T-139/13)

2013/C 147/38

Language in which the application was lodged: English

Parties

Applicant: Eltek SpA (Casale Monferrato, Italy) (represented by: G. Floridia and R. Floridia, lawyers)

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

Other party to the proceedings before the Board of Appeal: Eltec Elektronik AG (Mainz, Germany)

Form of order sought

The applicant claims that the Court should:

—Annul the Board of Appeal’s decision of 7 January 2013 (as rectified by corrigendum of 22 January 2013) notified and received on 10 January 2013 in Case R 511/2012-1, pertaining to opposition proceedings No B 992 851, and application for Community trade mark registration no. 4 368 064, by reason of the full satisfaction of all the requirements for valid registration of each product;

—Order OHIM to pay the costs with regard to the proceedings before the Court and order the opponent to pay the costs with regard to the proceedings before the Opposition Division and the Board of Appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ELTEK’, for goods in class 9 — Community trade mark application No 4 368 064

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: German trade mark and International registration ‘ELTEC’, designating the Benelux, Spain, France, Italy, Austria and Portugal, for goods and services in classes 9, 37, 38, 41 and 42

Decision of the Opposition Division: Partially dismissed the opposition

Decision of the Board of Appeal: Allowed the appeal and rejected the Community trade mark applied for with respect to certain goods of class 9

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