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.