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Case T-12/13: Action brought on 4 January 2013 — Sherwin-Williams Sweden/OHIM — Akzo Nobel Coatings International (ARTI)
ECLI:EU:UNKNOWN:62013TN0012
62013TN0012
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23.3.2013
Official Journal of the European Union
C 86/18
(Case T-12/13)
2013/C 86/30
Language in which the application was lodged: English
Parties
Applicant: Sherwin-Williams Sweden AB (Märsta, Sweden) (represented by: L. Ström, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Akzo Nobel Coatings International BV (Arnhem, Netherlands)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the OHIM First Board of Appeal No R 2085/2011-1 dated, 18 October 2012, (confirming the decision of the Opposition Division Opposition No B 1 717 142, dated 9 August 2011);
—Award the costs in favour of the applicant.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘ARTI’ for goods in class 2 — Community trade mark registration No 9 017 427
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Benelux trade mark registration No 753 216 and International Trade mark registration No 872 478 of the word mark ‘ARTITUDE’ for goods in class 2
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.