Action brought on 26 July 2013 – Federación Nacional de Cafeteros de Colombia v OHIM – Hautrive (COLOMBIANO HOUSE)

(Case T-387/13)

Language in which the application was lodged: Spanish

Parties

Applicant: Federación Nacional de Cafeteros de Colombia (Bogotá, Colombia) (represented by: A. Pomares Caballero and M. Pomares Caballero, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nadine Helene Jeanne Hautrive (Chatou, France)

Form of order sought

The applicant claims that the General Court should:

vary the Decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 May 2013 in Case R 757/2012-5, on the basis that, in the present case, the conditions for applying the relative ground for refusal of registration under Article 8(4) of Regulation No 207/2009 are met;

or, failing which, annul the contested decision;

and, in any event, order OHIM to pay its own costs and those of the applicant.

Pleas in law and main arguments

Applicant for a Community trade mark: Nadine Helene Jeanne Hautrive

Community trade mark concerned: Figurative mark with word elements ‘COLOMBIANO HOUSE’ for goods and services in Classes 16, 25 and 43 – Community trade mark application No 9 225 798

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Mark or sign cited in opposition: Protected Geographical Indication with word elements ‘Café de Colombia’

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Infringement of Article 14 of Regulation No 510/2006

Infringement of Article 8(4) of Regulation No 207/2009, in conjunction with Article 13 of Regulation No 510/2006

Breach of a procedural requirement through failure to state reasons