Action brought on 22 February 2013 - Rot Front/OHIM - Rakhat (Macka)

(Case T-96/13)

Language in which the application was lodged: English

Parties

Applicant: Rot Front OAO (Moscow, Russia) (represented by: B. Térauda, lawyer)

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

Other party to the proceedings before the Board of Appeal: Rakhat AO (Almaty, Kazakhstan)

Form of order sought

The applicant claims that the Court should:

Annul the contested decision;

Order the defendant to pay the costs.

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 figurative mark containing the word element "Macka" for goods in classes 29 and 30 - Community trade mark application No 9 556 135

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

Mark or sign cited in opposition: Non-registered figurative mark containing a device of bag with the word element "Macka" for 'confectionery' goods in Greece and Germany

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(4) of Council Regulation No 207/2009.

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