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Case T-246/14: Action brought on 17 April 2014 — Yoworld v OHIM — Nestlé (yogorino)
ECLI:EU:UNKNOWN:62014TN0246
62014TN0246
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21.7.2014
EN
Official Journal of the European Union
C 235/21
(Case T-246/14)
2014/C 235/29
Language in which the application was lodged: English
Parties
Applicant: Yoworld SA (Luxembourg, Luxembourg) (represented by: A. Tornato and D. Hazan, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Société des produits Nestlé SA (Vevey, Switzerland)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2013 given in Case R 115/2013-2;
—Order the defendant 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 containing the verbal element ‘yogorino’ for goods and services in Classes 5, 35 and 43 — Community trade mark application No 9 4 36 536
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: Earlier Community trade mark No 7 2 56 829
Decision of the Opposition Division: Upheld the opposition in part
Decision of the Board of Appeal: Upheld the appeal and annulled the contested decision in part
Pleas in law: Infringement of Article 8(1)(b) CTMR