Action brought on 15 November 2013 – Bimbo v OHIM (FIBRA PROTEÍNAS NUTRIENTES)

(Case T-600/13)

Language of the case: Spanish

Parties

Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Form of order sought

The applicant claims that the General Court should:

annul the decision of the Board of Appeal of 11 September 2013 and, consequently, grant Community figurative mark No 11 094 381 for all of the goods in respect of which it is requested in Class 30;

order the defendant to pay the costs of the proceedings, in accordance with Article 87(2) of the Rules of Procedure of the General Court.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark ‘FIBRA PROTEÍNAS NUTRIENTES’ for goods in Class 30 – Community trade mark application No 11 094 381

Decision of the Examiner: Application for registration rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

‒    Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009; and‒    Infringement of Article 83 of Regulation No 207/2009 with regard to the p

defendant to pay the costs of the proceedings, in accordance with Article 87(2) of the Rules of Procedure of the General Court.Pleas in law and main argumentsCommunity trade mark concerned: Figurative mark ‘FIBRA PROTEÍNAS NUTRIENTES’ for goods in Class 30 – Community trade mark application No 11 094 381Decision of the Examiner: Application for registration rejectedDecision of the Board of Appeal: Appeal dismissedPleas in law:‒    Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009; and‒    Infringement of Article 83 of Regulation No 207/2009 with regard to the principle of equal treatment and Articles 6 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.