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Case T-592/13: Action brought on 11 November 2013 — Ratioparts-Ersatzteile v OHIM — Norwood Industries (NORTHWOOD professional forest equipment)
ECLI:EU:UNKNOWN:62013TN0592
62013TN0592
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25.1.2014
Official Journal of the European Union
C 24/29
(Case T-592/13)
2014/C 24/52
Language in which the application was lodged: German
Parties
Applicant: Ratioparts-Ersatzteile-Vertriebs GmbH (Euskirchen, Germany) (represented by: M. Koch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Norwood Industries (Kilworthy, Canada)
Form of order sought
—Amend the decision of the Second Board of Appeal of 28 August 2013 (case R 356/2013-2) so as to dismiss in its entirety Opposition B1771461; and
—Order the opponent to pay the costs of the opposition proceedings and the respondent in the appeal to pay the costs of the appeal.
Pleas in law and main arguments
Applicant for a Community trade mark: Ratioparts-Ersatzteile-Vertriebs GmbH
Community trade mark concerned: Figurative mark ‘NORTHWOOD professional forest equipment’ for goods and services in Classes 8, 9, 20, 25 and 35 — Community trade mark No 9 412 776
Proprietor of the mark or sign cited in the opposition proceedings: Norwood Industries
Mark or sign cited in opposition: Community word mark ‘NORWOOD’ for goods in Class 7
Decision of the Opposition Division: Opposition upheld in part
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009