8.9.2014

EN

Official Journal of the European Union

C 303/47

(Case T-510/14)

2014/C 303/55

Language in which the application was lodged: English

Parties

Applicant: Staywell Hospitality Group Pty Ltd (Sydney, Australia) (represented by: D. Farnsworth, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Sheraton International IP LLC (Stamford, United States of America)

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Fifth Board of Appeal of 30 April 2014 in Cases R 240/2013-5 and R 303/2013-5 insofar as it concerns Case R 240/2013-5; and

—condemn the Defendant to bear its own and pay the Applicant’s costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the word elements ‘PARK REGIS’ for services in Classes 35, 36 and 43 — Community trade mark application No 9 4 88 933

Proprietor of the mark or sign cited in the opposition proceedings: Sheraton International IP LLC

Mark or sign cited in opposition: The figurative and word marks ‘ST. REGIS’ for services in Classes 36, 42 and 43, the international trade mark registration designating the European Union of the word mark ‘ST. REGIS’ for services in Class 36 as well as the well-known figurative and word marks ‘ST. REGIS’ in the European Union

Decision of the Opposition Division: The opposition was partially upheld

Decision of the Board of Appeal: The appeals were dismissed

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