Action brought on 11 November 2013 – Cosmowell v OHIM – Haw Par (GELENKGOLD)

(Case T-599/13)

Language in which the application was lodged: German

Parties

Applicant: Cosmowell GmbH (Sankt Johann in Tirol) (represented by: J. Sachs, lawyer)

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

Other party to the proceedings before the Board of Appeal: Haw Par Corp. Ltd (Singapore, Singapore)

Form of order sought

The applicant claims that the Court should:

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 September 2013 in Case R 2013/2012-4;

order the intervener to pay the costs of the proceedings, including the costs incurred in the appeal procedure.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: figurative mark which includes the picture of a tiger and the word element “GELENKGOLD”, for goods in Classes 5, 29 and 30 – Community trade mark application No 9 957 978

Proprietor of the mark or sign cited in the opposition proceedings: Haw Par Corp. Ltd

Mark or sign cited in opposition: Community figurative marks which include the picture of a tiger, for goods in Class 5

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.