11.8.2014

Official Journal of the European Union

C 261/40

(Case T-402/14)

2014/C 261/66

Language in which the application was lodged: Spanish

Parties

Applicant: FCC Aqualia, SA (Madrid, Spain) (represented by: J. de Oliveira Vaz Miranda de Sousa and N. González-Alberto Rodríguez, lawyers)

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

Other party to the proceedings before the Board of Appeal: Sociedad General de Aguas de Barcelona, SA (Barcelona, Spain)

Form of order sought

The applicant claims that the Court should:

—annul in part the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 March 2014 in Case R 1209/2013-1, and refuse registration of Community trade mark No 10 122 976 ‘AQUALOGY’ for services in Classes 35, 37, 39, 40 and 42 on the basis of the relative ground for refusal set out in Article 8(1)(b) of Regulation No 207/2009;

—in the alternative, should the above form of order not be granted in its entirety, annul in part the contested decision on the basis of Article 8(5) of Regulation No 207/2009, in so far as that decision confirmed the rejection of the opposition against Community trade mark No 10 122 976 ‘AQUALOGY’ for services in Classes 35, 37, 39, 40 and 42, and refer the matter back to the Board of Appeal for the appeal to be examined once more in its entirety so far as the ground for refusal set out in the abovementioned article is concerned;

—order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Sociedad General de Aguas de Barcelona, SA

Community trade mark concerned: Figurative mark including the word element ‘AQUALOGY’ for goods and services in Classes 1, 4, 5, 6, 7, 9, 11, 12, 17, 19, 27, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45 — Community trade mark application No 10 122 976

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Mark or sign cited in opposition: Word mark ‘AQUALIA’ and national figurative mark including the word element ‘AQUALIA’ for goods and services in Classes 7, 9, 32, 35, 36, 37, 39, 40 and 42

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) and Article 8(5) of Regulation No 207/2009