Action brought on 19 September 2013 – Alpinestars Research v OHIM – Tung Cho et Wang Yu (A ASTER)

(Case T-521/13)

Language in which the application was lodged: English

Parties

Applicant: Alpinestars Research Srl (Coste di Maser, Italy) (represented by: G. Dragotti and R. Valenti, lawyers)

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

Other parties to the proceedings before the Board of Appeal: Kean Tung Cho (Taichung City, Taiwan); and Ling-Yuan Wang Yu (Wuci Township, Taiwan)

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 15 July 2013 given in Case R 2309/2012-4;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

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

Community trade mark concerned: The figurative mark in black and white containing the verbal elements “A ASTER” for goods in Classes 18 and 25 – Community trade mark application No 7 084 395

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

Mark or sign cited in opposition: The word mark “A-STARS” for goods in Classes 9, 12, 14, 18, 25 and 28 – Community trade mark No 6 181 002

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.