Action brought on 15 November 2013 – Sanctuary Brands v OHIM - Richter International (TAILORBYRD)

(Case T-598/13)

Language in which the application was lodged: English

Parties

Applicant: Sanctuary Brands LLC (New Canaan, United States) (represented by: B. Brandreth, Barrister)

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

Other party to the proceedings before the Board of Appeal: Richter International Ltd (Scarborough, Canada)

Form of order sought

The applicant claims that the 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 August 2013 given in Case R 1115/2012-1;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark containing the verbal element “TAILORBYRD” for goods in Class 25 – Community trade mark application No 9 325 549

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Non-registered figurative mark containing the verbal element “TAILORBYRD”, non-registered word mark and trade name “TAILORBYRD” and the company name “Tailorbyrd, LLC”, used in the course of trade in the United Kingdom for ‘clothing, shirts’

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(4) CTMR.