Action brought on 25 April 2013 – Aldi Einkauf v OHIM – Alifoods (Alifoods)

(Case T-240/13)

Language in which the application was lodged: German

Parties

Applicant: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

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

Other party to the proceedings before the Board of Appeal: Alifoods, SA (Alicante, Spain)

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 25 February 2013 in Case R 407/2012-4;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Alifoods, SA

Community trade mark concerned: the figurative mark including the word element ‘Alifoods’ for goods and services in Classes 29, 32 and 35 – Community trade mark application No B 1 825 002

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

Mark or sign cited in opposition: the international and Community word mark ‘ALDI’ for goods and services in Classes 3, 4, 9, 16, 24, 25, 29, 30, 31, 32, 33, 34, 35, 36, 38, 40, 41, 42

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009