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Case T-664/13: Action brought on 10 December 2013 — Petco Animal Supplies Stores v OHIM — Gutiérrez Ariza (PETCO)
ECLI:EU:UNKNOWN:62013TN0664
62013TN0664
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14.4.2014
EN
Official Journal of the European Union
C 112/35
(Case T-664/13)
2014/C 112/47
Language in which the application was lodged: English
Parties
Applicant: Petco Animal Supplies Stores, Inc. (San Diego, United States) (represented by: C. Aikens, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Domingo Gutiérrez Ariza (Malaga, Spain)
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 7 October 2013 given in Case R 347/2013-4;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘PETCO’ for goods and services in Classes 3, 31 and 35 — Community trade mark application No 10 114 081
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Community trade mark No 9 062 902 for the figurative mark in red and white containing the verbal element ‘PETCO’ for goods and services in Classes 31 and 35
Decision of the Opposition Division: Upheld the opposition in part
Decision of the Board of Appeal: Accepted the appeal in part
Pleas in law: Infringement of Article 8(1)(a) and (b) CTMR.