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Case T-681/13: Action brought on 20 December 2013 — Colomer Italy v OHIM — Farmaca International (INTERCOSMO ESTRO)
ECLI:EU:UNKNOWN:62013TN0681
62013TN0681
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Valentina R., lawyer
15.3.2014
EN
Official Journal of the European Union
C 78/13
(Case T-681/13)
2014/C 78/26
Language in which the application was lodged: Italian
Parties
Applicant: Colomer Italy SpA (Sala Bolognese, Italy) (represented by: M. Ricolfi, F. Tarocco and C. Mezzetti, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Farmaca International SpA (Turin, Italy)
Form of order sought
The applicant claims that the Court should:
—Uphold the present action and consequently annul the decision of the First Board of Appeal of 3 October 2013, notified on 17 October 2013, given in Case R 1186/2012-1;
—Reject Farmaca International SpA.’s opposition to the registration of the mark ‘INTERCOSMO ESTRO’, so that that registration is granted;
—Order that the applicant’s costs in the proceedings be awarded in its favour.
Pleas in law and main arguments
Applicant for the Community trade mark: Colomer Italy SpA
Community trade mark concerned: Figurative mark containing the word element ‘INTERCOSMO ESTRO’ for goods in class 3
Proprietor of the mark or sign cited in the opposition proceedings: Farmaca International SpA
Mark or sign cited in opposition: Non-registered figurative mark ‘ESTRO’ for ‘hair and cosmetic’ goods
Decision of the Opposition Division: The opposition was upheld
Decision of the Board of Appeal: The appeal was dismissed
Pleas in law: Infringement and misapplication of Articles 8(4), 7(1) and 75 of Regulation (EC) No 207/2009.