Official Journal of the European Union

C 156/47

(Case T-185/13)

2013/C 156/88

Language in which the application was lodged: German

Parties

Applicant: CWP LLC (Wilmington, United States of America) (represented by: O. Bischof, lawyer)

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

Other party to the proceedings before the Board of Appeal: Continental Reifen Deutschland GmbH (Hanover, Germany)

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 10 January 2013 in Case R 2204/2011-2;

—Order the defendant 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 including the word elements ‘CONTINENTAL WIND PARTNERS’ for goods and services in Classes 7, 9, 11, 35, 36, 37, 39 and 40 — Community trade mark application No 8 445 561

Proprietor of the mark or sign cited in the opposition proceedings: Continental Reifen Deutschland GmbH

Mark or sign cited in opposition: the international registration designating the European Union of the figurative mark including the word element ‘Continental’

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed

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