Official Journal of the European Union

C 260/49

(Case T-378/13)

2013/C 260/88

Language of the case: French

Parties

Applicants: Apple and Pear Australia Ltd (Victoria, Australia) and Star Fruits Diffusion (Caderousse, France) (represented by: T. de Haan and P. Péters, lawyers)

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

Other party to the proceedings before the Board of Appeal: Carolus C. BVBA (Nieuwerkerken, Belgium)

Form of order sought

—First, alter the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 May 2013 in Case R 1215/2011-4 to the effect that the action brought by the applicants before the Board of Appeal is well founded and, consequently, that the opposition filed by the applicants should be upheld;

—In the alternative, annul in its entirety the decision of the Fourth Board of Appeal of OHIM of 29 May 2013 in Case R 1215/2011-4; and

—Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Carolus C.

Community trade mark concerned: Word mark ‘English pink’ for goods in Class 31 — Application for Community trade mark No 8 610 768

Proprietor of the mark or sign cited in the opposition proceedings: The applicants

Mark or sign cited in opposition: Word mark ‘PINK LADY’ and figurative marks containing the word elements ‘Pink lady’ for goods in Classes 16, 29, 30, 31 and 32

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

—Infringement of the principle of res judicata;

—Infringement of the general principles of legal certainty, sound administration and protection of legitimate expectations;

—Infringement of Article 75 of Regulation No 207/2009;

—Infringement of Article 76 of Regulation No 207/2009;

—Infringement of Article 8(1)(b) of Regulation No 207/2009;

—Infringement of Article 8(5) of Regulation No 207/2009.