Action brought on 17 June 2013 – Westermann Lernspielverlag/OHIM - Diset (bambinoLÜK)

(Case T-333/13)

Language in which the application was lodged: English

Parties

Applicant: Westermann Lernspielverlag GmbH (Braunschweig, Germany) (represented by: A. Nordemann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Diset, SA (Barcelona, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) [OHIM] of 3 April 2013, Case R 1323/2012-2, relating to the opposition proceedings No. B 1 724 593 [Community trade mark application 009080359] between DISET, S.A. and Westermann Lernspielverlag GmbH ;

Order the Defendant to bear the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark “bambinoLÜK”, for goods in classes 9, 16 and 28 – Community trade mark application No 9 080 359

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 of the figurative mark “BAMBINO” for goods in classes 16, 28 and 41

Decision of the Opposition Division: Partly upheld the opposition

Decision of the Board of Appeal: Partly upheld the appeal and allows the CTM application to proceed for certain goods of class 9

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