11.8.2014

EN

Official Journal of the European Union

C 261/39

(Case T-400/14)

2014/C 261/65

Language in which the application was lodged: English

Parties

Applicant: Premo, SL (Campanillas, Spain) (represented by: E. Cornu, F. de Visscher and E. De Gryse, lawyers)

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

Other party to the proceedings before the Board of Appeal: Prema Semiconductor GmbH (Mainz, Germany)

Form of order sought

The applicant claims that the Court should:

—Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 April 2014 in Case R 1000/2013-5;

—Subsidiarily, annul the contested decision to the extent that it upheld the opposition regarding ‘inductors’, ‘transformers’ and ‘noise filters’;

—Order OHIM, and if appropriate the intervening party, to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The international registration designating the European Union for the figurative mark containing the word element ‘PREMO’, for goods in Class 9 — International registration designating the European Union No 973 341

Proprietor of the mark or sign cited in the opposition proceedings: Prema Semiconductor GmbH

Mark or sign cited in opposition: The national word mark ‘PREMA’ for goods in Class 9

Decision of the Opposition Division: The opposition was partially upheld

Decision of the Board of Appeal: The appeal was partially dismissed

Pleas in law:

—Infringement of Rule 22(6) of Commission Regulation No. 2868/95 and the rights of defence of the applicant;

—Infringement of Article 42(2) and (3) of Regulation No 207/2009;

—Infringement of Article 8(1)(b) of Regulation No 207/2009.