EN

Official Journal of the European Union

C 260/42

(Case T-341/13)

2013/C 260/76

Language in which the application was lodged: English

Parties

Applicant: Groupe Léa Nature (Périgny, France) (represented by: S. Arnaud, lawyer)

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

Other party to the proceedings before the Board of Appeal: Debonaire Trading Internacional, Lda (Funchal, Portugal)

Form of order sought

The applicant claims that the Court should:

—Declare the application admissible;

—Annul decision R 203/2011-1 of the First Board of Appeal for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 March 2013, notified 18 April 2013;

—Order DEBONAIRE TRADING INTERNACIONAL LDA and OHIM each to bear the costs, which they have incurred in the course of the proceedings before the General Court.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘SO’Bio ētic’, for goods in classes 3, 24 and 25 — Community trade mark application No 6 827 281

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 and United Kingdom trade mark registrations of the word mark ‘SO…?’et al., for goods in classes 3 and 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application with respect to all goods claimed in classes 3 and 25

Pleas in law: Infringement of Article 8 (1)(b) and (5) of CTMR.