Action brought on 4 January 2013 - Sherwin-Williams Sweden/OHIM - Akzo Nobel Coatings International (ARTI)

(Case T-12/13)

Language in which the application was lodged: English

Parties

Applicant: Sherwin-Williams Sweden AB (Märsta, Sweden) (represented by: L. Ström, lawyer)

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

Other party to the proceedings before the Board of Appeal: Akzo Nobel Coatings International BV (Arnhem, Netherlands)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the OHIM First Board of Appeal No R 2085/2011-1 dated, 18 October 2012, (confirming the decision of the Opposition Division Opposition No B 1 717 142, dated 9 August 2011);

Award the costs in favour of the applicant.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark "ARTI" for goods in class 2 - Community trade mark registration No 9 017 427

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: Benelux trade mark registration No 753 216 and International Trade mark registration No 872 478 of the word mark "ARTITUDE" for goods in class 2

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

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

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