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Case T-548/13: Action brought on 15 October 2013 — Aderans v OHIM — Ofer (VITALHAIR)
ECLI:EU:UNKNOWN:62013TN0548
62013TN0548
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Valentina R., lawyer
14.12.2013
EN
Official Journal of the European Union
C 367/35
(Case T-548/13)
2013/C 367/62
Language in which the application was lodged: German
Parties
Applicant: Aderans Company Ltd (Tokyo, Japan) (represented by: M. Graf, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Gerhard Ofer (Troisdorf, Germany)
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 1 August 2013 in Case R 1467/2012-1;
—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 ‘VITALHAIR’ for goods in Classes 3, 21 and 26 — Community trade mark application No 7 254 378
Proprietor of the mark or sign cited in the opposition proceedings: Gerhard Ofer
Mark or sign cited in opposition: the Community word mark ‘Haar-Vital’ and the German figurative mark ‘HAARVITAL’ for goods and services in Classes 3, 26 and 44
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 42(2) and (3) and 8(1)(b) of Regulation (EC) No 207/2009