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Case T-716/13: Action brought on 27 December 2013 — Harry’s New York Bar v OHIM — Harrys Pubar (HARRY’S BAR)
ECLI:EU:UNKNOWN:62013TN0716
62013TN0716
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Valentina R., lawyer
14.4.2014
EN
Official Journal of the European Union
C 112/38
(Case T-716/13)
2014/C 112/50
Language in which the application was lodged: English
Parties
Applicant: Harry’s New York Bar SA (Paris, 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: Harrys Pubar AB (Gothenburg, Sweden)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2013 given in joined Cases R 946/2012-1 and R 995/2012-1.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘HARRY’S BAR’ for goods and services in Classes 25, 29, 30, 32, 33 and 43 — Community trade mark application No 3 378 031
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: Swedish trade mark registrations Nos 356 009, 320 026, 315 142, 55 6513-1066 for goods and services in Classes 25 and 42
Decision of the Opposition Division: Allowed the opposition in part
Decision of the Board of Appeal: Upheld the appeal in part in Case R 995/2012-1 and dismissed the appeal in Case R 946/2012-1
Pleas in law: Infringement of Article 8(1)(b) and 4 CTMR.