28.7.2014

EN

Official Journal of the European Union

C 245/23

(Case T-326/14)

2014/C 245/31

Language in which the application was lodged: English

Parties

Applicant: Novomatic AG (Gumpoldskirchen, Austria) (represented by: W. M. Mosing, lawyer)

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

Other party to the proceedings before the Board of Appeal: Granini France (Macon, France)

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Second Board of Appeal of 6 February 2014 in Case R 589/2013-2, with the consequence that the opposition is rejected and the Community trade mark No 9 594 458 is registered as applied for;

—order that the defendant and — in case it intervenes in writing — the other party to the proceedings with OHIM have to bear their own costs and have to compensate the costs incurred by the Plaintiff in the proceeding in front of the General Court and in the appeal proceeding with OHIM

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the word elements ‘HOT JOKER’ for goods in Classes 9 and 28 — Community trade mark application No 9 594 458

Proprietor of the mark or sign cited in the opposition proceedings: Granini France

Mark or sign cited in opposition: The figurative mark containing the word elements ‘joker +’ for goods in Classes 28 and 41

Decision of the Opposition Division: The opposition was upheld

Decision of the Board of Appeal: The appeal was rejected

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009; infringement of Article 75 ff. of Regulation No 207/2009; infringement of OHIM’s duty to exercise its powers in accordance with the general principles of European Union Law.