22.9.2014
EN
Official Journal of the European Union
C 329/18
Action brought on 18 June 2014 — Messi Cuccittini v OHIM — Pires Freitas Campos (LEO)
(Case T-459/14)
2014/C 329/26
Language in which the application was lodged: Spanish
Parties
Applicant: Lionel Andrés Messi Cuccittini (Barcelona, Spain) (represented by: J. Rivas Zurdo and M. Toro Gordillo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Maria Leonor Pires Freitas Campos (Setúbal, Portugal)
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 27 March 2014 in Case R 1554/2013-1, in so far as by dismissing the applicant’s appeal, it confirmed the decision of the Opposition Division upholding opposition B 2009291 and refusing, in its entirety, Community trade mark application No 1 0 6 13 511‘LEO’;
—
order the party or parties who oppose this action to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Applicant
Community trade mark concerned: Figurative mark with the word element ‘LEO’ for goods in Classes 32 and 33 — Community trade mark application No 1 0 6 13 511
Proprietor of the mark or sign cited in the opposition proceedings: Maria Leonor Pires Freitas Campos
Mark or sign cited in opposition: Word mark ‘LEO D’HONOR’ for goods in Class 33
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
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