4.8.2014
EN
Official Journal of the European Union
C 253/42
Action brought on 23 May 2014 — CareAbout v OHIM — Florido Rodríquez (Kerashot)
(Case T-356/14)
2014/C 253/56
Language in which the application was lodged: English
Parties
Applicant: CareAbout GmbH (Düsseldorf, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt, M. Bergermann, J. Vogtmeier and A. Kramer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: José Luis Florido Rodríquez (Sevilla, Spain)
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 24 March 2014 in Case R 1569/2013-4 regarding 1., 2. and 4;
—
order OHIM to bear the costs of the proceeding before the Court including the costs of the opposition proceeding
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark Kerashot for goods in Classes 1, 3 and 21 — Community trade mark application No 1 0 6 69 571
Proprietor of the mark or sign cited in the opposition proceedings: José Luis Florido Rodríquez
Mark or sign cited in opposition: The national figurative mark containing the word elements ‘K KERASOL’ for goods in Class 3
Decision of the Opposition Division: The opposition was rejected
Decision of the Board of Appeal: The decision of the Opposition Division was partially annulled and the opposition partially upheld
Pleas in law: Violation of Article 8(1)(b) of Regulation No 207/2009.
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