Action brought on 4 November 2013 – Schwerdt v OHIM – Iberamigo (cat&clean)

(Case T-587/13)

Language in which the application was lodged: German

Parties

Applicant: Miriam Schwerdt (Porta-Westfalica, Germany) (represented by: K. Kruse, lawyer)

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

Other party to the proceedings before the Board of Appeal: Iberamigo, SA (Rubi, Spain)

Form of order sought

The applicant claims that the General Court should:

annul decision No R 1799/2012-4 of the Board of Appeal of the defendant of 3 September 2013;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: figurative mark in colour representing a cat with the word elements “cat & clean” for goods in Class 31 – application for Community trade mark No 9 612 301

Proprietor of the mark or sign cited in the opposition proceedings: Iberamigo, SA

Mark or sign cited in opposition: Spanish word mark “CLEAN CAT” for goods in Class 31

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 and of Article 29 et seq. of the Treaty on the Functioning of the European Union.