Action brought on 17 April 2013 - Bayer Intellectual Property/OHIM - Interhygiene (INTERFACE)

(Case T-227/13)

Language in which the application was lodged: English

Parties

Applicant: Bayer Intellectual Property GmbH (Monheim am Rhein, Germany) (represented by: E. Armijo Chávarri, lawyer)

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

Other party to the proceedings before the Board of Appeal: Interhygiene GmbH (Cuxhaven, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the contested decision for being contrary to law insofar as it declares that the INTERFACE Community trademark application is incompatible with the earlier Interfog trademark;

Expressly sentence OHIM to court fees.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark "INTERFACE" for goods in class 5 - Community trade mark application 8 133 977

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 of the word mark "Interfog" for goods in class 5

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

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

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