Action brought on 28 October 2013 – Bimbo v OHIM - Cafe' do Brasil (KIMBO)

(Case T-568/13)

Language in which the application was lodged: English

Parties

Applicant: Bimbo, SA (Barcelona, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cafe' do Brasil SpA (Melito di Napoli, Italy)

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 28 August 2013 given in Cases R 636/2012-4 and R 608/2012-4;

Order the intervener 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 word mark “KIMBO” for goods and services in Classes 11, 21, 30, 32 and 43 – Community trade mark application No 3 420 973

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

Mark or sign cited in opposition: The Spanish trade marks No 291 655, No 451 559 and No 2 244 563

Decision of the Opposition Division: Rejected the opposition in part

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.