29.9.2014

EN

Official Journal of the European Union

C 339/25

(Case T-557/14)

2014/C 339/30

Language in which the application was lodged: German

Parties

Applicant: BrandGroup GmbH (Bechtsrieth, Germany) (represented by: T. Raible, lawyer)

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

Other party to the proceedings before the Board of Appeal: Brauerei S. Riegele, Inh. Riegele KG (Augsburg, Germany)

Form of order sought

The applicant claims that the Court should:

—annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2014 in Case R 941/2013-1;

—order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and the Brauerei S. Riegele, Inh. Riegele KG to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: BrandGroup GmbH

Community trade mark concerned: The word mark ‘SPEZOOMIX’ for goods in Classes 32 and 33 — Community trade mark application No 9 9 13 617

Proprietor of the mark or sign cited in the opposition proceedings: Brauerei S. Riegele, Inh. Riegele KG

Mark or sign cited in opposition: International and Community word marks ‘Spezi’, international and Community figurative marks containing the word ‘Spezi’, and the national word mark ‘Ein Spezi muß dabei sein’ for goods in Class 32

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division and rejection in its entirety of the mark applied for

Plea in law: Infringement of Article 8(1)(b) and Article 78(5) of Regulation No 207/2009