Action brought on 3 September 2013 – NumberFour v OHIM – Inaer Helicópteros (ENFORE)
(Case T-478/13)
Language in which the application was lodged: English
Parties
Applicant: NumberFour AG (Berlin, Germany) (represented by: C. Götz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Inaer Helicópteros, SA (Mutxamel, Spain)
Form of order sought
The applicant claims that the Court should:
Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 May 2013 given in Case R 1000/2012-5;
Order the defendant to bear the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark “ENFORE” for goods and services in Classes 9, 35, 36, 42 and 45 – Community trade mark application No 10 059 624
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: The word mark “EINFOREX” for goods and services in Classes 9, 42 and 45 – Community trade mark registration No 6 530 927
Decision of the Opposition Division: Upheld the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.