22.9.2014

EN

Official Journal of the European Union

C 329/18

(Case T-459/14)

2014/C 329/26

Language in which the application was lodged: Spanish

Parties

Applicant: Lionel Andrés Messi Cuccittini (Barcelona, Spain) (represented by: J. Rivas Zurdo and M. Toro Gordillo, lawyers)

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

Other party to the proceedings before the Board of Appeal: Maria Leonor Pires Freitas Campos (Setúbal, Portugal)

Form of order sought

The applicant claims that the General 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 27 March 2014 in Case R 1554/2013-1, in so far as by dismissing the applicant’s appeal, it confirmed the decision of the Opposition Division upholding opposition B 2009291 and refusing, in its entirety, Community trade mark application No 1 0 6 13 511‘LEO’;

—order the party or parties who oppose this action to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Applicant

Community trade mark concerned: Figurative mark with the word element ‘LEO’ for goods in Classes 32 and 33 — Community trade mark application No 1 0 6 13 511

Proprietor of the mark or sign cited in the opposition proceedings: Maria Leonor Pires Freitas Campos

Mark or sign cited in opposition: Word mark ‘LEO D’HONOR’ for goods in Class 33

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

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