Action brought on 19 September 2013 – Ratioparts-Ersatzteile-Vertriebs v OHIM – IIC (NORTHWOOD)

(Case T-509/13)

Language in which the application was lodged: German

Parties

Applicant: Ratioparts-Ersatzteile-Vertriebs GmbH (Euskirchen, Germany) (represented by: M. Koch, lawyer)

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

Other party to the proceedings before the Board of Appeal: IIC – Intersport International Corp. GmbH (Bern, Switzerland)

Form of order sought

The applicant claims that the Court should:

alter the decision of the Second Board of Appeal of 4 July 2013 (Case R 2211/2012-2) in such a way that opposition No B17963622 is rejected in its entirety, and

order the opponent to pay the costs of the opposition proceedings and the appellant to pay the costs of the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark ‘NORTHWOOD’ for goods and services in Classes 8, 9, 20, 25 and 35 – Community trade mark application No 9 412 776

Proprietor of the mark or sign cited in the opposition proceedings: IIC – Intersport International Corp. GmbH

Mark or sign cited in opposition: the international registration with protection in respect of the European Union of the mark ‘NORTHBROOK’ for goods in Classes 9, 14, 18, 20, 22, 25 and 28

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)(b) of Regulation No 207/2009