Action brought on 13 January 2014 – Laverana v OHIM (BIO - INGRÉDIENTS VÉGÉTAUX - PROPRE FABRICATION)

(Case T-30/14)

Language of the case: German

Parties

Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by J. Wachinger und M. Zöbisch, lawyers)

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

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 (OHIM) of 11 November 2013 in Case R 1749/2013-4 and authorise the publication of the application for registration of the Community trade mark No 11 642 527 for goods and services in Classes 3, 5 and 35;

in the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 11 November 2013 in Case R 1749/2013-4 and refer the case back to the Office so that it adopts a new decision;

in the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 11 November 2013 in Case R 1749/2013-4;

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The figurative mark in black and white, including the word elements ‘BIO - INGRÉDIENTS VÉGÉTAUX - PROPRE FABRICATION’ for goods and services in Classes 3, 5 an 35 – application for registration of Community trade mark No 11 642 527

Decision of the Examiner: Refused the application in part

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009.