Official Journal of the European Union

C 194/32

(Case T-257/14)

2014/C 194/41

Language in which the application was lodged: German

Parties

Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. Mosing, lawyer)

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

Other party to the proceedings before the Board of Appeal: Berentzen Mally Marketing plus Services GmbH (Meerbusch, Germany)

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 18 February 2014 in Case R 329/2012-4 with the consequence that OHIM will have to reject the opposition in its entirety due to lack of similarity of the goods and/or signs and lack of a likelihood of confusion and allow Community trade mark application No 9 4 56 278 to proceed to registration in accordance with the application;

—Order OHIM and — in the case of written intervention — the opposing party to bear their own costs and to pay the costs incurred by the applicant in the appeal proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and in these proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark including the word elements ‘BLACK JACK TM’ for goods and services in Classes 9, 28 and 41 — Community trade mark application No 9 4 56 278

Proprietor of the mark or sign cited in the opposition proceedings: Berentzen Mally Marketing plus Services GmbH

Mark or sign cited in opposition: the word and figurative mark ‘BLACK TRACK’ for goods in Classes 18, 25 and 28

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the Opposition Division’s decision was annulled and the trade mark application was rejected in part

Pleas in law: Infringement of Articles 8(1)(b) and 75 of Regulation No 207/2009