EN

Official Journal of the European Union

C 372/18

(Case T-567/14)

2014/C 372/23

Language of the case: Bulgarian

Parties

Applicant: Group OOD (Sofia, Bulgaria) (represented by: Dragia Dragiev and Andrey Andreev, lawyers)

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

Other party to the proceedings before the Board of Appeal: Kosta Iliev (Sofia, Bulgaria) (represented by: Zlatarevi Patent and Trade Mark Bureau)

Form of order sought

The applicant claims that the Court should:

—annul Decision R 1587/2013-4 of the Fourth Board of Appeal of OHIM of 2 June 2014 on the basis of Article 65(3) of Regulation (EC) No 207/2009;

—order OHIM and, in the case of its intervention in the proceedings before the Court, the party concerned to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Kosta Iliev.

Community trade mark concerned: The figurative Community trade mark with the word elements ‘GROUP Company TOURISM & TRAVEL’ for goods and services in classes 35, 39 and 43.

Proprietor of the mark or sign cited in the opposition proceedings: Group OOD.

Mark or sign cited in opposition: unregistered trade mark comprising substantive rights over a sign with the word elements ‘Group company’.

Decision of the Opposition Division: Rejected the opposition.

Decision of the Board of Appeal: Dismissed the appeal as unfounded.

Pleas in law:

—Infringement of Article 76(1) of Regulation (EC) No 207/2009 (the content of the Bulgarian law was incorrectly examined of the Board’s own motion);

—Infringement of Article 76(2) of Regulation (EC) No 207/2009 (there was no comprehensive and correct evaluation of the evidence submitted);

—Infringement of Article 8(4) of Regulation (EC) No 207/2009 (the evidence submitted and legal arguments were not examined in relation to the conditions laid down in that provision).