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Case T-248/14: Action brought on 14 April 2014 — Masafi v OHIM — Hd1 (masafi juice)
ECLI:EU:UNKNOWN:62014TN0248
62014TN0248
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21.7.2014
EN
Official Journal of the European Union
C 235/23
(Case T-248/14)
2014/C 235/31
Language in which the application was lodged: English
Parties
Applicant: Masafi Co. LLC (Dubai, United Arab Emirates) (represented by: G. Hinarejos Mulliez, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Hd1 Ltd (Huddersfield, United Kingdom)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2014 given in Case R 119/2013-4;
—Order the other party to the proceedings, should it intervene, to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark in black and white containing the verbal element ‘masafi’ for goods in class 32
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: The United Kingdom trade mark registration No 2 5 51 560 for the word ‘masafi’
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(a), (b) and 8(5) CTMR