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Case T-227/13: Action brought on 17 April 2013 — Bayer Intellectual Property/OHIM — Interhygiene (INTERFACE)
ECLI:EU:UNKNOWN:62013TN0227
62013TN0227
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Official Journal of the European Union
C 178/15
(Case T-227/13)
2013/C 178/25
Language in which the application was lodged: English
Parties
Applicant: Bayer Intellectual Property GmbH (Monheim am Rhein, Germany) (represented by: E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Interhygiene GmbH (Cuxhaven, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision for being contrary to law insofar as it declares that the INTERFACE Community trademark application is incompatible with the earlier Interfog trademark;
—Expressly sentence OHIM to court fees.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘INTERFACE’ for goods in class 5 — Community trade mark application 8 133 977
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: Community trade mark registration of the word mark ‘Interfog’ for goods in class 5
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.