Action brought on 11 November 2013 – Ratioparts-Ersatzteile v OHIM – Norwood Industries (NORTHWOOD professional forest equipment)

(Case T-592/13)

Language in which the application was lodged: German

Parties

Applicant: Ratioparts-Ersatzteile-Vertriebs GmbH (Euskirchen, Germany) (represented by: M. Koch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Norwood Industries (Kilworthy, Canada)

Form of order sought

Amend the decision of the Second Board of Appeal of 28 August 2013 (case R 356/2013-2) so as to dismiss in its entirety Opposition B1771461; and

Order the opponent to pay the costs of the opposition proceedings and the respondent in the appeal to pay the costs of the appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: Ratioparts-Ersatzteile-Vertriebs GmbH

Community trade mark concerned: Figurative mark ‘NORTHWOOD professional forest equipment’ for goods and services in Classes 8, 9, 20, 25 and 35 – Community trade mark No 9 412 776

Proprietor of the mark or sign cited in the opposition proceedings: Norwood Industries

Mark or sign cited in opposition: Community word mark ‘NORWOOD’ for goods in Class 7

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

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