Action brought on 30 December 2013 – 9Flats v OHIM – Tibesoca (9flats.com)

(Case T -713/13)

Language in which the application was lodged: German

Parties

Applicant: 9Flats GmbH (Hamburg, Germany) (represented by: H. Stoffregen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Tibesoca, SL (Valencia, 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 25 October 2013 in Case R 1671/2012-2;

annul the decision of OHIM’s Opposition Division of 13 July 2012 in opposition proceedings No B 1 898 686;

reject the opposition to registration of the mark ‘9flats.com’ – Community trade mark application No 9 832 635

Pleas in law and main arguments

Applicant for a Community trade mark: 9Flats GmbH

Community trade mark concerned: Word mark ‘9flats.com’ for services in Classes 36, 38, 39 and 43 – Community trade mark application No 9 832 635

Proprietor of the mark or sign cited in the opposition proceedings: Tibesoca, SL

Mark or sign cited in opposition: Spanish figurative mark which includes the number and word elements ‘40 flats apartments’ for services in Class 43, Spanish figurative mark which includes the number and word elements ‘11 flats apartments’ for services in Class 43, and Spanish figurative mark which includes the numbers and the word element ‘50 flats’ for services in Class 43

Decision of the Opposition Division: The opposition was upheld in part

Decision of the Board of Appeal: Annulment in part of the decision of the Opposition Division

Pleas in law: Infringement of Article 8(1)(b) and of Article 7(1)(c) of Regulation No 207/2009