Action brought on 2 May 2013 – MHCS/OHIM – Ambra (DORATO)

(Case T-249/13)

Language in which the application was lodged: English

Parties

Applicant: MHCS (Epernay, France) (represented by: P. Boutron, N. Moya Fernández and L-E. Balleydier, lawyers)

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

Other party to the proceedings before the Board of Appeal: Ambra S.A. (Warsaw, Poland)

Form of order sought

The applicant claims that the Court should:

Declare admissible the here concerned appeal and enclosures;

Annul the Second Board of Appeal’s decision;

Condemn the OHIM and the intervener to bear the costs.

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 figurative mark containing a device of a bottle neck label and the word element “DORATO” for goods in class 33 – Community trade mark application No 9 131 228

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

Mark or sign cited in opposition: Figurative marks containing a device of a bottle neck label for goods in class 33

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

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