Action brought on 17 April 2014 – Meica v OHIM – Salumificio Fratelli Beretta (MINIMINI)

(Case T-247/14)

Language in which the application was lodged: English

Parties

Applicant: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG (Edewecht, Germany) (represented by: S. Labesius, lawyer)

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

Other party to the proceedings before the Board of Appeal: Salumificio Fratelli Beretta SpA (Barzanò, Italy)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 February 2014 given in Case R 1159/2013-4;

Order the defendant to pay the costs of proceedings.

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: The figurative mark containing the verbal elements “STICK MINIMINI Fratelli Beretta 1812 GLI ORIGINALI” for goods and services in Classes 29 and 43 – Community trade mark application No 10 067 031

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

Mark or sign cited in opposition: The word mark “Mini Wini” for goods and services in Classes 29 and 38 – Community trade mark registration No 3 297 835

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition in its entirety

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