8.9.2014

Official Journal of the European Union

C 303/52

(Case T-526/14)

2014/C 303/61

Language in which the application was lodged: German

Parties

Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: I. Selting, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Mariano Barranco Rodriguez and Pablo Barranco Schnitzler (Sant Just Desvern, Spain)

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 9 April 2014 in Case R 1523/2013-1;

—Order the defendant to pay the costs including the costs incurred in the course of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘Matratzen Concord’ for goods in Classes 10, 20, 24 and 35 — Community trade mark application No 1 0 3 59 404

Proprietors of the mark or sign cited in the opposition proceedings: Mariano Barranco Rodriguez and Pablo Barranco Schnitzler

Mark or sign cited in opposition: the national word mark ‘MATRATZEN’ for goods in Classes 20 and 35

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 Articles 8(1), 41(1)(a) and 42(2) of Regulation No 207/2009