Action brought on 14 June 2013 – Pure Fishing/OHIM – Łabowicz (NANOFIL)

(Case T-323/13)

Language in which the application was lodged: English

Parties

Applicant: Pure Fishing, Inc. (Spirit Lake, United States) (represented by: J. Dickerson, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Edward Łabowicz (Kłodzko, Poland)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Board of Appeal in case no R1241/2012-2;

Authorize for registration CTM application no 9611872; and

Order the defendant to pay the costs of the action.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “NANOFIL” for goods in class 28 – Community trade mark application No 9 611 872

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration of the figurative mark “NANO” for goods in class 28

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.