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Case T-478/13: Action brought on 3 September 2013 — NumberFour v OHIM — Inaer Helicópteros (ENFORE)
ECLI:EU:UNKNOWN:62013TN0478
62013TN0478
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23.11.2013
Official Journal of the European Union
C 344/58
(Case T-478/13)
2013/C 344/106
Language in which the application was lodged: English
Parties
Applicant: NumberFour AG (Berlin, Germany) (represented by: C. Götz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Inaer Helicópteros, SA (Mutxamel, Spain)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 May 2013 given in Case R 1000/2012-5;
—Order the defendant to bear the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘ENFORE’ for goods and services in Classes 9, 35, 36, 42 and 45 — Community trade mark application No 10 059 624
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: The word mark ‘EINFOREX’ for goods and services in Classes 9, 42 and 45 — Community trade mark registration No 6 530 927
Decision of the Opposition Division: Upheld the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.