17.11.2014

Official Journal of the European Union

C 409/55

(Case T-692/14)

2014/C 409/76

Language in which the application was lodged: English

Parties

Applicant: Puma SE (Herzogenaurach, Germany) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sinda Poland Corporation Sp. z o.o. (Warsaw, Poland)

Form of order sought

The applicant claims that the Court should:

—Annul the decision issued on 14 September 2012 (Case R 2214/2013-5) on the grounds that Article 8(1)(b) CTMR was not correctly applied, which resulted in the incorrect finding that the conflicting trade marks were not visually and conceptually similar;

—Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Sinda Poland Corporation Sp. z.o.o. to pay the costs of the proceedings before the General Court and the Office.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark containing the representation of an imaginary animal for goods in class 25 — Community trade mark application No 1 1 1 42 395

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The international registrations Nos 3 69 075 and 4 80 105 for goods in classes 18, 25 and 28, and the international registration No 5 93 987 for goods and services in all classes

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Rejected the appeal

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