Action brought on 15 November 2013 – Emsibeth v OHIM – Peek & Cloppenburg (Nael)

(Case T-596/13)

Language in which the application was lodged: Italian

Parties

Applicant: Emsibeth SpA (Verona, Italy) (represented by: A. Arpaia, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Peek & Cloppenburg KG (Düsseldorf, Germany)

Form of order sought

The applicant claims the General Court should:

set aside the contested decision; and

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community mark sought: the figurative mark “Nael”, for goods in class 3 – application for registration No 9 726 894

Proprietor of the mark or sign cited in the opposition proceedings: Peek & Cloppenburg KG

Mark or sign cited in opposition: Community word mark “Mc Neal”, for goods in class 3

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Annulment of the Opposition Division’s decision and rejection of the application for registration of the mark

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/09.