Action brought on 23 December 2013 – Gold Crest v OHIM (MIGHTY BRIGHT)

(Case T-714/13)

Language of the case: English

Parties

Applicant: Gold Crest LLC (Santa Barbara, United States) (represented by: P. Rath and W. Festl-Wietek, lawyers)

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

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 8 October 2013 given in Case 2038/2012-2;

Declare the Community trade mark applied for eligible for registration;

Order the defendant to bear the costs of proceedings.

Pleas in law and main arguments

Community trade mark concerned: The word mark “MIGHTY BRIGHT” for goods and services in Class 11 – Community trade mark application No 10 853 141

Decision of the Examiner: Rejected the application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) and Article 65(2) CTMR.