Action brought on 3 January 2013 - Seal Trademarks/OHIM - Exel Composites (XCEL)

(Case T-14/13)

Language in which the application was lodged: English

Parties

Applicant: Seal Trademarks Pty Ltd (Queensland, Australia) (represented by: E. Armijo Chávarri, lawyer)

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

Other party to the proceedings before the Board of Appeal: Exel Composites Oyj (Mäntyharju, Finland)

Form of order sought

The applicant claims that the Court should:

Annul the Second Board of Appeal's Decision of 11 October 2012 or;

Subsidiarily, modify it, because it goes contrary to Articles 42, paragraphs 2 and 3, and 8, paragraph 1, letter b) of the CTMR (expressly sentencing OHIM to court fees).

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "XCEL" for goods in classes 18, 25 and 28 - Community trade mark registration No 3 809 571

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 2 996 891, Austrian trade mark registration No 149 726 and Swedish trade mark registration No 324 307 of the word mark "EXEL" for goods in classes 18 and 28

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 42(2) and (3) and 8(1)(b) of Council Regulation No 207/2009.

____________