Action brought on 4 June 2013 – Capella v OHIM - Oribay Mirror Buttons (ORIBAY)

(Case T-307/13)

Language of the case: German

Parties

Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: M. Holtorf, lawyer)

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

Other party to the proceedings before the Board of Appeal: Oribay Mirror Buttons, SL (San Sebastián, Spain)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 March 2013 in Case R 164/2012-4;

Declare revoked the registration of Community trade mark 003611282 ‘ORIBAY ORIginal Buttons for Automotive Yndustry’ for the following goods and services:

Class 12 : Vehicles and parts for vehicles not included in other classes, with the exception of parts for vehicle windows and windscreens; and

Class 37: Repair; repair and maintenance

Order the defendant to bear the costs of the proceedings including the costs incurred in the appeal proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: figurative mark, which contains the word elements ‘ORIBAY ORIginal Buttons for Automotive Yndustry, for goods and services in Classes 12, 37 and 40 – Community trade mark No 3 611 282

Proprietor of the Community trade mark: Oribay Mirror Buttons, SL

Party applying for revocation of the Community trade mark: The applicant

Decision of the Cancellation Division: The application for revocation was partially upheld

Decision of the Board of Appeal: The appeal was upheld and the application for revocation completely rejected

Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009, infringement of Article 56 of Regulation No 207/2009 in conjunction with Rule 37(a)(iii) of Regulation No 2868/95 and infringement of Article 57(2) of Regulation No 207/2009