Action brought on 24 July 2013 – Perfetti Van Melli v OHIM (MARGARITAS)

(Case T-382/13)

Language of the case: Italian

Parties

Applicant: Perfetti Van Melli SpA (Lainate, Italy) (represented by P. Testa, 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 First Board of Appeal of 10 April 2013 in Case R 430/2012-1, in so far as it rejected the application for registration of the trade mark ‘MARGARITAS’ for the following products: confectionery, pastry, sweets, caramels, wine gums, caramel, chewing-gum, gelatine (confectionery), liquorice, lollipops, toffee, pastilles, sugar, chocolate, cocoa.

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Community word mark ‘MARGARITAS’ for goods in Class 30 – Community trade mark application No 10 261 105

Decision of the Examiner: Application rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘MARGARITA’ is not descriptive;

Infringement of Article 7(1)(c) of Regulation No 207/2009, since the word ‘MARGARITA’ does not describe an essential characteristic of the product;

Infringement of Article 7(1)(b) of Regulation No 207/2009, since the term ‘MARGARITAS’ has distinctive character with regard to confectionery products.