Action brought on 29 May 2013 – Junited Autoglas Deutschland/OHIM – Belron Hungary (United Autoglas)
(Case T-297/13)
Language in which the application was lodged: English
Parties
Applicant: Junited Autoglas Deutschland (Cologne, Germany) (represented by: C. Weil, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Belron Hungary Kft – Zug Branch (Zug, Switzerland)
Form of order sought
The applicant claims that the Court should:
Annul the contested decision;
Dismiss the opposition filed by the intervener to the application for registration of the Community trademark “United Autoglas”;
Order OHIM to pay the costs, including those incurred by the applicant before the board of Appeal;
Order the intervener to pay the costs, including those incurred by the applicant before the board of Appeal.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark “United Autoglas” for goods and services in classes 1, 12 and 37 – Community trade mark registration No 6 025 498
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: United Kingdom and Polish trade mark registrations of figurative marks containing the word element “AUTOGLASS” and the word marks “AUTOGLASS” for goods and services in classes 12, 21 et 37
Decision of the Opposition Division: Partially upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) and (5) of Council Regulation No 207/2009.