Action brought on 3 September 2013 – NumberFour v OHIM – Inaer Helicópteros (ENFORE)

(Case T-478/13)

Language in which the application was lodged: English

Parties

Applicant: NumberFour AG (Berlin, Germany) (represented by: C. Götz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Inaer Helicópteros, SA (Mutxamel, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 May 2013 given in Case R 1000/2012-5;

Order the defendant to bear the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “ENFORE” for goods and services in Classes 9, 35, 36, 42 and 45 – Community trade mark application No 10 059 624

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: The word mark “EINFOREX” for goods and services in Classes 9, 42 and 45 – Community trade mark registration No 6 530 927

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.