Action brought on 20 March 2015 – Rotkäppchen - Mumm Sektkellereien v OHIM - Ruiz Moncayo (RED RIDING HOOD)
(Case T-128/15)
Language in which the application was lodged: English
Parties
Applicant: Rotkäppchen - Mumm Sektkellereien GmbH (Freyburg, Germany) (represented by: W. Berlit, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Alberto Ruiz Moncayo (Entrena, Spain)
Details of the proceedings before OHIM
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community word mark ‘RED RIDING HOOD’ – Application for registration No 11 299 831
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 28 January 2015 in Case R 1012/2014-4
Form of order sought
The applicant claims that the Court should:
annul the contested decision;
annul the decision of the Opposition Division of 27 March 2014 in opposition proceedings No B 2 177 817 ;
reject the CTM application No 11 299 831;
order OHIM to pay the costs.
Plea(s) in law
Infringement of Article 8(1)(b) of Regulation No 207/2009.