Official Journal of the European Union

C 372/22

(Case T-615/14)

2014/C 372/28

Language of the case: Spanish

Parties

Applicant: Fútbol Club Barcelona (Barcelona, Spain) (represented by J. Carbonell Callicó, lawyer)

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

Form of order sought

The applicant claims that the General Court should:

—alter the decisions of the First Board of Appeal of 23 May 2014 and of the Examiner of 23 May 2013, in accordance with Article 65(3) of Regulation No 207/2009, for infringement of Article 7(1)(b) and (3) of Regulation No 207/2009, acknowledging the distinctive character of the figurative mark applied for in application No 1 1 7 64 354 and, therefore, the inapplicability of the absolute ground for refusal of registration laid down in Article 7(1)(b) of Regulation No 207/2009, and ordering the publication of that trade mark application so that, once the remaining procedures have been dealt with, the application may be granted;

—order the defendant to pay the costs, in accordance with Article 87(2) of Regulation No 207/2009.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark representing a crest for goods and services in classes 16, 25 and 41 — Community trade mark application No 1 1 7 64 354.

Decision of the Examiner: Application rejected.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law:

—Infringement of Article 7(1)(b) of Regulation No 207/2009;

—Infringement of Article 7(3) of Regulation No 207/2009.