Action brought on 20 November 2013 – alfavet Tierarzneimittel v OHIM – Millet Innovation (Epibac)

(Case T-613/13)

Language in which the application was lodged: German

Parties

Applicant: alfavet Tierarzneimittel GmbH (Neumünster, Germany) (represented by: U. Bender, lawyer)

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

Other party to the proceedings before the Board of Appeal: Millet Innovation SA (Loriol sur Drome, France)

Form of order sought

The applicant claims that the Court should:

alter the decision of the Fourth Board of Appeal of 6 September 2013 (Case R 1253/2012-4) in such a way that the opposition is rejected, and

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: word mark “Epibac” for goods in Classes 3, 5 and 31 – Community trade mark application No 6 861 124

Proprietor of the mark or sign cited in the opposition proceedings: Millet Innovation SA

Mark or sign cited in opposition: Word marks “EPITACT” for goods in Classes 3, 5 and 10

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed in part

Pleas in law: Infringement of Article 8(1)(a) and (b) of Regulation (EC) No 207/2009.