23.11.2013
EN
Official Journal of the European Union
C 344/65
Action brought on 25 September 2013 — Leder & Schuh International v OHIM — Epple (VALDASAAR)
(Case T-519/13)
2013/C 344/119
Language in which the application was lodged: German
Parties
Applicant: Leder & Schuh International AG (Salzburg, Austria) (represented by: S. Korn, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Valerie Epple (Bronnen, Germany)
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision of the First Board of Appeal, reject the opposition and
—
order the defendant to pay the costs of the appeal proceedings and the proceedings before the General Court of the European Union.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘VALDASAAR’ for goods and services in Classes 18, 25 and 35 — Community trade mark application No 9 591 249
Proprietor of the mark or sign cited in the opposition proceedings: Valerie Epple
Mark or sign cited in opposition: the word mark ‘Val d’Azur’ for goods in Class 25
Decision of the Opposition Division: the opposition was upheld in part
Decision of the Board of Appeal: the appeal was dismissed in part
Pleas in law: Infringement of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue
Full & Egal Universal Law Academy