Action brought on 20 March 2014 – Bristol Global v OHIM – Bridgestone (AEROSTONE)

(Case T-194/14)

Language in which the application was lodged: English

Parties

Applicant: Bristol Global Co. Ltd (Birmingham, United Kingdom) (represented by: F. Bozhinova, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bridgestone Corp. (Tokyo, Japan)

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) of 12 December 2013 given in Case R 916/2013-2.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative trade mark containing the verbal element “AEROSTONE” for goods in Class 12 – Community trade mark application No 10 066 736

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 trademarks registrations of the word marks “STONE” for goods in Classes 12, 28, 35 and 37 and “BRIDGESTONE” for goods in Class 12; well-known trade mark and non-registered sign containing verbal element “BRIDGESTONE”

Decision of the Opposition Division: Partly upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b), 8(4) and 8(5) CTMR.