Action brought on 3 February 2015 – Certified Angus Beef v OHIM – Certified Australian Angus Beef (CERTIFIED AUSTRALIAN ANGUS BEEF)

(Case T-55/15)

Language in which the application was lodged: English

Parties

Applicant: Certified Angus Beef, LLC (Wooster, Ohio, United States of America) (represented by: C. Aikens, Barrister)

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

Other party to the proceedings before the Board of Appeal: Certified Australian Angus Beef Pty Ltd (Surrey Hills, Australia)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: International registration designating the European Union in respect of the figurative mark containing the word elements ‘CERTIFIED AUSTRALIAN ANGUS BEEF’ – International registration designating the European Union No 1 095 394

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 30 October 2014 in Case R 662/2014-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

uphold the Opposition in its entirety

order OHIM to pay the costs.

Plea in law

Infringement of Article 8(1)(b) of Regulation No 207/2009.