Action brought on 31 July 2014 — Laverana v OHIM (BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA)
(Case T-572/14)
Language of the case: German
Parties
Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by J. Wachinger, M. Zöbisch and D. Chatterjee, lawyers)
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 (Trade Marks and Designs) of 27 May 2014 in case R 527/2014-4;
order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs
Pleas in law and main arguments
Community trade mark concerned: Figurative mark which contains the word elements ‘BIO CON ESTRATTI VEGETALI DI PRODUZIONE PROPRIA’ for goods and services in Classes 3, 5 and 35 — Community trade mark application No 12 130 076
Decision of the Examiner: Refused the application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law:
Infringement of Article 7(1)(b) of Regulation No 207/2009;
Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009;
Infringement of Article 7(1)(c) of Regulation No 207/2009;
Misuse of powers by a decision on the basis of competition policy considerations