Action brought on 21 October 2013 – MHCS v OHIM – Compañía Vinícola del Norte de España (ICE IMPERIAL)

(Case T-555/13)

Language in which the application was lodged: English

Parties

Applicant: MHCS (Epernay, France) (represented by: P. Boutron, N. Moya Fernández and L.-É. Balleydier, lawyers)

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

Other party to the proceedings before the Board of Appeal: Compañía Vinícola del Norte de España, SA (La Guardia, Spain)

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) of 14 August 2013 given in Case R 2588/2011-2;

Grant Community trade mark application No 8 837 379 for the word mark “ICE IMPERIAL” for goods in Class 33;

Order the defendant and the intervener to pay the costs of the present proceedings, as well as those incurred during the proceedings before the OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “ICE IMPERIAL” for goods and services in Classes 32, 33 and 43 – Community trade mark application No 8 837 379

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 237 875 of the figurative mark for ‘all kinds of wine except sparkling wine and sherry’ in Class 33; Spanish trade mark registration No 95 020 of the figurative mark for ‘any class of wines except sparkling wine and sherry wine’ in Class 33; Spanish trade mark registration No 1 508 304 of the word mark “IMPERIAL” for ‘wines’ in Class 33

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 42(2) and (3) CTMR and Rule 22(3) of Commission Regulation (EC) No 2868/95 of 13 December 1995.