7.9.2013

Official Journal of the European Union

C 260/50

(Case T-384/13)

2013/C 260/90

Language in which the application was lodged: English

Parties

Applicant: Intermark Srl (Stei, Romania) (represented by: Á. László, lawyer)

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

Other party to the proceedings before the Board of Appeal: The Coca-Cola Company (Atlanta, United States)

Form of order sought

The applicant claims that the Court should:

—Uphold the application, alter the contested decision of the defendant, order the dismissal of the opposition and order the registration of the applicant’s sign as a trade mark in its entirety;

—In case the Court considers that it is inevitable to conduct another thorough analyses of the facts and evidence of the case, annul the contested decision of the defendant and remit the case to OHIM for further examination and new decision;

—Order the defendant to pay the costs of the applicant.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘Cola’ for goods and services in classes 32 and 35 — Community trade mark application No 9 507 963

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: Community trade mark registrations No 8 792 475, No 2 107 118 and No 8 709 818 of the figurative mark ‘Coca-Cola’ for goods and services in classes 30, 32, 33 and 35

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

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