Action brought on 19 September 2013 – Éditions Quo Vadis v OHIM – Gómez Hernández ("QUO VADIS")

(Case T-517/13)

Language in which the application was lodged: English

Parties

Applicant: Éditions Quo Vadis (Carquefou, France) (represented by: F. Valentin, lawyer)

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

Other party to the proceedings before the Board of Appeal: Francisco Gómez Hernández (Jacarilla, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2013 given in Case R 1166/2012-4.

Pleas in law and main arguments

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

Community trade mark concerned: The word mark “QUO VADIS” for goods and services in Classes 29, 33 and 35 – Community trade mark application No 8 871 758

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: French trade mark No 92 422 947 for the word mark “QUO VADIS” for goods and services in Classes 9, 38 and 42 and French trade mark No 1 257 750 for the word mark “QUO VADIS” for goods in Class 16

Decision of the Opposition Division: Upheld the opposition for part of the contested goods and services

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition

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