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Case T-604/13: Action brought on 20 November 2013 — Levi Strauss v OHIM — L&O Hunting Group (101)
ECLI:EU:UNKNOWN:62013TN0604
62013TN0604
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25.1.2014
EN
Official Journal of the European Union
C 24/32
(Case T-604/13)
2014/C 24/58
Language in which the application was lodged: English
Parties
Applicant: Levi Strauss & Co. (San Francisco, United States) (represented by: V. von Bomhard and J. Schmitt, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: L&O Hunting Group GmbH (Isny im Allgäu, Germany)
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 6 September 2013 given in Case R 1538/2012-2;
—Order that the costs of the proceedings be borne by the defendant and the intervener, in case it was to intervene.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The word mark ‘101’ for goods in Classes 13, 25 and 28 — Community trade mark application No 9 446 634
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community trade mark registration No 26 708 of the word mark ‘501’ for goods in Classes 16, 18 and 25
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.