Action brought on 29 April 2013 – Castell Macía v OHIM – PJ Hungary (PEPE CASTELL)
(Case T-242/13)
Language in which the application was lodged: Spanish
Parties
Applicant: José Castell Macía (Elche, Spain) (represented by: G. Marín Raigal, P. López Ronda, H. Mosback and G. Macias Bonilla, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: PJ Hungary Szolgáltató kft (PJ Hungary kft) (Budapest, Hungary)
Form of order sought
The applicant claims that the General Court should:
annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 February 2013 in Case R 1401/2012-1 so as to dismiss the opposition filed and grant the Community trade mark application No 6 798 862 ‘PEPE CASTELL’, and order the opponent to pay the costs of both sets of proceedings;
order OHIM, as defendant, to bear its own costs and to pay those incurred by the applicant in the present action;
if necessary, order the intervener to bear its own costs and to pay those incurred by the applicant in these proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: José Castell Macía
Community trade mark concerned: Word mark ‘PEPE CASTELL’ for goods and services in Classes 16, 25 and 39 – Community trade mark application No 6 798 862
Proprietor of the mark or sign cited in the opposition proceedings: PJ Hungary Szolgáltató kft
Mark or sign cited in opposition: Figurative mark with word elements ‘Pepe Jeans FOOTWEAR’ for goods in Class 25
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009