29.9.2014

Official Journal of the European Union

C 339/27

(Case T-613/14)

2014/C 339/33

Language in which the application was lodged: Spanish

Parties

Applicant: Industrias Tomás Morcillo, SL (Albuixech, Spain) (represented by: A. Sanz-Bermell y Martínez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Aucar Trailer, SL (Premia de Mar, Spain)

Form of order sought

The applicant claims that the General Court should:

—annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 May 2014 in Case R 1735/2012-1 and, accordingly, dismiss the opposition brought by Aucar Trailer S.L., allowing the grant of Community trade mark No 9 6 90 314‘Polycart A Whole Cart Full of Benefits’ in respect of the goods applied for pursuant to the limitation of 16 November 2012, and dismissing the opposition brought against the same;

—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 with word elements ‘Polycart A Whole Cart Full of Benefits’ for goods in Classes 12, 17 and 20 — Community trade mark application No 9 6 90 314

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: Figurative mark with word element ‘POLICAR’ for goods and services in Classes 12, 35 and 37

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8 of Regulation No 207/2009