21.3.2016

Official Journal of the European Union

C 106/40

(Case T-30/16)

(2016/C 106/47)

Language in which the application was lodged: English

Parties

Applicant: M.I. Industries, Inc. (Lincoln, United States) (represented by: T. Elias, Barrister, B. Cookson, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Natural Instinct Ltd (Camberley, United Kingdom)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word elements ‘Natural Instinct Dog and Cat food as nature intended’ — Application for registration No 11 438 074

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 26 November 2015 in Case R 2944/2014-5

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—the applicant’s opposition No B 002 181 272 be upheld and NIL’s application No 11 438 074 be refused; alternatively, declare that the applicant has proved use its CTMs No 5 208 418 and No 5 208 201 for the purposes of the opposition No B 002 181 272, and remit the matter to the Fifth Board of Appeal for a determination of the issues arising in respect of each of those marks under Article 8(1)(b) CTMR; in the further alternative, remit the matter back to the Fifth Board of Appeal in its entirety;

—order the defendant to pay to the applicant the applicant’s costs of and occasioned by this appeal.

Pleas in law

—Infringement of Article 42(2) Regulation No 207/2009;

—Infringement of Rule 22(3) and (4) of Regulation No 2868/95;

—Infringement of Article 8(1)(b) Regulation No 207/2009;

—Infringement of Article 75 Regulation No 207/2009.