EN

Official Journal of the European Union

C 253/42

(Case T-356/14)

2014/C 253/56

Language in which the application was lodged: English

Parties

Applicant: CareAbout GmbH (Düsseldorf, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt, M. Bergermann, J. Vogtmeier and A. Kramer, lawyers)

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

Other party to the proceedings before the Board of Appeal: José Luis Florido Rodríquez (Sevilla, 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 24 March 2014 in Case R 1569/2013-4 regarding 1., 2. and 4;

—order OHIM to bear the costs of the proceeding before the Court including the costs of the opposition proceeding

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark Kerashot for goods in Classes 1, 3 and 21 — Community trade mark application No 1 0 6 69 571

Proprietor of the mark or sign cited in the opposition proceedings: José Luis Florido Rodríquez

Mark or sign cited in opposition: The national figurative mark containing the word elements ‘K KERASOL’ for goods in Class 3

Decision of the Opposition Division: The opposition was rejected

Decision of the Board of Appeal: The decision of the Opposition Division was partially annulled and the opposition partially upheld

Pleas in law: Violation of Article 8(1)(b) of Regulation No 207/2009.