Action brought on 23 April 2014 — Zehnder Group International v OHIM — Stiebel Eltron (comfotherm)

(Case T-267/14)

Language in which the application was lodged: German

Parties

Applicant: Zehnder Group International AG (Gränichen, Switzerland) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Stiebel Eltron GmbH & Co. KG (Holzminden, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of 21 February 2014 in Case R 1318/2013-4;

Order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘comfotherm’ for goods in Classes 9 and 11 — Community trade mark No 8 859 472

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Stiebel Eltron GmbH & Co. KG

Grounds for the application for a declaration of invalidity: the word mark ‘KOMFOTHERM’ for goods in Class 11

Decision of the Cancellation Division: the application for a declaration of invalidity was granted

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: the contested decision does not stand up to scrutiny as regards the finding in respect of the similarity of the goods