Action brought on 23 September 2013 – Future Enterprises v OHIM – McDonald's International Property (MACCOFFEE)

(Case T-518/13)

Language in which the application was lodged: English

Parties

Applicant: Future Enterprises Pte Ltd (Singapore, Singapore) (represented by: J. Olsen, B. Hitchens, R. Sharma and M. Henshall, Solicitors)

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

Other party to the proceedings before the Board of Appeal: McDonald’s International Property Co. Ltd (Wilmington, United States)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 June 2013 given in Case R 1178/2012-1; and

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark “MACCOFFEE” for goods in Classes 29, 30 and 32 – Community trade mark registration No 7 307 382

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The grounds were those laid down in Article 53(1)(a) in conjunction with Articles 8(1)(a) and (b), 8(2)(c) and 8(5) CTMR

Decision of the Cancellation Division: Upheld the request for invalidity in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(5) CTMR.