Action brought on 18 April 2013 - Nutrexpa v OHIM - Kraft Foods Italia Intellectual Property (Cuétara Maria ORO)

(Case T-218/13)

Language in which the application was lodged: Spanish

Parties

Applicant: Nutrexpa, SL (Barcelona, Spain) (represented by: J. Grau Mora, M. Ferrándiz Avendaño and Y. Sastre Canet, lawyers)

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

Other party to the proceedings before the Board of Appeal: Kraft Foods Italia Intellectual Property Srl (Milan, Italy)

Form of order sought

The applicant claims that the General Court should:

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 February 2013 in Case R 2455/2011-1, whereby it rejected the application for registration of the figurative Community trade mark No 8 481 863 'Cuétara Maria ORO' for 'Preserved frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; milk products' (Class 29) and 'Coffee, tea, cocoa, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; sauces (condiments); biscuits' (Class 30), which should consequently be registered by OHIM;

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark containing the word elements 'Cuétara Maria ORO' - Application for registration of Community trademark No 8 481 863 for goods in Classes 5, 29 and 30

Proprietor of the mark or sign cited in the opposition proceedings: Kraft Foods Italia Intellectual Property Srl

Mark or sign cited in opposition: National and Community figurative marks containing the word element 'ORO' for goods in Classes 29 and 30

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal dismissed

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

____________