Action brought on 3 September 2013 – G-Star Raw v OHIM – PepsiCo (PEPSI RAW)

(Case T-473/13)

Language in which the application was lodged: English

Parties

Applicant: G-Star Raw CV (Amsterdam, Netherlands) (represented by: J. van Manen, M. van de Braak and L. Fresco, lawyers)

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

Other party to the proceedings before the Board of Appeal: PepsiCo, Inc. (New York, United States)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 25 June 2013 given in Case R 1586/2012-2;

Order the defendant to pay the costs of the present proceedings;

Order the other party to the proceedings before the Board of Appeal to pay the costs of the present proceedings, should it intervene, as well as those incurred in the proceedings before the OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: Figurative mark containing the verbal elements “PEPSI RAW” for goods in class 32 – Community trade mark application No 6 788 004

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Verbal mark “RAW” for goods in Class 25 – Community trade mark No 4 743 225

Decision of the Opposition Division: Allowed the opposition and rejected the CTM application in its entirety

Decision of the Board of Appeal: Annulled the contested decision

Pleas in law: Infringement of Article 8(1)(b) CTMR.