Action brought on 8 September 2015 – Bimbo v OHIM – Globo (Bimbo)

(Case T-528/15)

Language in which the application was lodged: English

Parties

Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other party to the proceedings before the Board of Appeal: Globo SpA Servizi Commerciali (Illasi, Italy)

Details of the proceedings before OHIM

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

Trade mark at issue: Community figurative mark containing the word element ‘Bimbo’ – Application for registration No 10 028 405

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 7 July 2015 in Joined Cases R 2512/2013-4 and R 2549/2013-4

Form of order sought

The applicant claims that the Court should:

modify the contested decision in accordance with Article 65.3 CTMR, rejecting the CTM Application n° 10 028 405 in class 28;

subsidiarity and only in the case the above claim would be rejected, annul the contested decision

order the defendants to pay the costs, as stated in article 134 of the Rules of Procedure of the General Court (former 87.2).

Pleas in law

Infringement of Rule 19(1) (2) (3) and Rule 20(1) of the Regulation No 2868/95;

Infringement of Article 64(1) of the Regulation No 207/2009 and related case-law;

Infringement of Article 43(2) and (3) of the Regulation No 207/2009;

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

Infringement of Article 8(5) of the Regulation No 207/2009.

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