Action brought on 5 May 2014 — Christian Dior Couture v OHIM (Representation of a repetitive pattern with a raised effect)

(Case T-313/14)

Language of the case: French

Parties

Applicant: Christian Dior Couture SA (Paris, France) (represented by M. Sabatier, lawyer)

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 of 4 March 2014 in Case R 459/2013-4, in so far as it dismissed the appeal brought against the Examiner’s decision, which refuses the protection of the Community trade mark system in respect of the international registration covering the European Union of the figurative mark No 1 100 187 to designate some of the products in Classes 9, 14, 18 and 25;

allow the registration of the figurative mark No 1 100 187 to designate all the products in Classes 9, 14, 18 and 25, and in the alternative to designate the products whose use has been expressly proven;

order OHIM to pay the costs incurred by the applicant in the proceedings before OHIM and in the present action, pursuant to Article 87 of the Rules of Procedure of the General Court

Pleas in law and main arguments

Community trade mark concerned: International registration designating the European Union of the figurative mark representing a repetitive pattern with a raised effect in respect of the products in Classes 9, 14, 18 and 25

Decision of the Examiner: Partial refusal of the application

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 7(1)(b) and 7(3) of Regulation No 207/2009