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Case T-587/13: Action brought on 4 November 2013 — Schwerdt v OHIM — Iberamigo (cat&clean)
ECLI:EU:UNKNOWN:62013TN0587
62013TN0587
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25.1.2014
EN
Official Journal of the European Union
C 24/28
(Case T-587/13)
2014/C 24/50
Language in which the application was lodged: German
Parties
Applicant: Miriam Schwerdt (Porta-Westfalica, Germany) (represented by: K. Kruse, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Iberamigo, SA (Rubi, Spain)
Form of order sought
The applicant claims that the General Court should:
—annul decision No R 1799/2012-4 of the Board of Appeal of the defendant of 3 September 2013;
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: figurative mark in colour representing a cat with the word elements ‘cat & clean’ for goods in Class 31 — application for Community trade mark No 9 612 301
Proprietor of the mark or sign cited in the opposition proceedings: Iberamigo, SA
Mark or sign cited in opposition: Spanish word mark ‘CLEAN CAT’ for goods in Class 31
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 and of Article 29 et seq. of the Treaty on the Functioning of the European Union.