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