Action brought on 11 April 2014 – CBM Creative Brands Marken v OHIM – Aeronautica Militare – Stato Maggiore (Trecolore)

(Case T-227/14)

Language in which the application was lodged: English

Parties

Applicant: CBM Creative Brands Marken GmbH (Zürich, Switzerland) (represented by: U. Lüken, M. Grundmann and N. Kerger, lawyers)

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

Other party to the proceedings before the Board of Appeal: Aeronautica Militare – Stato Maggiore (Rome, Italy)

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 29 January 2014 in Case R 253/2013-1 in so far as the First Board of Appeal annuls the decision of the Opposition Division and upholds the opposition against the application mark rejecting the application No 009 877 325 in regard of the goods in classes 18 and 25;

Dismiss the opposition against Application No 009 877 325 in its entirety;

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “Trecolore” for goods and services in Classes 18, 25 and 35 – Community trade mark application No 9 877 325

Proprietor of the mark or sign cited in the opposition proceedings: Aeronautica Militare – Stato Maggiore

Mark or sign cited in opposition: The community and national word and figurative mark “FRECCE TRICOLORI”, for goods and services in Classes 9, 14, 16, 18, 20, 25, 28 and 41

Decision of the Opposition Division: Rejected the opposition in its entirety



Decision of the Board of Appeal: Annulled the contested decision in part

Pleas in law: Infringement of articles 8(1)(b) and 8(5) of Regulation No 207/2009