29.9.2014

EN

Official Journal of the European Union

C 339/21

(Case T-542/14)

2014/C 339/25

Language of the case: Spanish

Parties

Applicant: Grupo Bimbo, SAB de CV (Mexico, Mexico) (represented by: N. Fernández Fernández-Pacheco, lawyer)

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

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 May 2014 in Case R 1911/2013-4, because it is unlawful and infringes the legal provisions in force concerning the Community trade mark; deliver a judgment in accordance with the claims set out in the application, whether on the basis of the intrinsic distinctiveness of the three-dimensional mark applied for or the distinctiveness acquired by use, upholding the present action and ordering the registration of the application for a three-dimensional Community trade mark No 1 1 7 47 987, for goods in class 30 of the International Classification, on the grounds that it is lawful and admissible;

—once the present action has been upheld and the trade mark in question has been registered, order the party opposing that claim to pay the costs of the proceedings and to reimburse the appeal fees paid to OHIM.

Pleas in law and main arguments

Community trade mark: Three-dimensional mark in the form of round sandwich bread for goods in class 30 — Community trade mark application No 1 1 7 47 987

Decision of the examiner: Application dismissed

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009