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Case T-599/13: Action brought on 11 November 2013 — Cosmowell v OHIM — Haw Par (GELENKGOLD)
ECLI:EU:UNKNOWN:62013TN0599
62013TN0599
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8.2.2014
Official Journal of the European Union
C 39/22
(Case T-599/13)
2014/C 39/38
Language in which the application was lodged: German
Parties
Applicant: Cosmowell GmbH (Sankt Johann in Tirol) (represented by: J. Sachs, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Haw Par Corp. Ltd (Singapore, Singapore)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 September 2013 in Case R 2013/2012-4;
—order the intervener to pay the costs of the proceedings, including the costs incurred in the appeal procedure.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: figurative mark which includes the picture of a tiger and the word element ‘GELENKGOLD’, for goods in Classes 5, 29 and 30 — Community trade mark application No 9957978
Proprietor of the mark or sign cited in the opposition proceedings: Haw Par Corp. Ltd
Mark or sign cited in opposition: Community figurative marks which include the picture of a tiger, for goods in Class 5
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009.