Action brought on 27 June 2013 – Groupe Léa Nature/OHIM – Debonaire Trading (SO'BiO ētic)

(Case T-341/13)

Language in which the application was lodged: English

Parties

Applicant: Groupe Léa Nature (Périgny, Fra

t should:Declare the application admissible;Annul decision R 203/2011-1 of the Firs

t Board of Appeal for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 March 2013, notifi

ed 18 April 2013;Ord

er DEBONAIRE TRADING INTERNACIONAL LDA and O

HIM each to bear the costs, which th

ey have incurred in the course of the proceedings before the General Court.Pleas in law and main argumentsApplicant for a Community trade mark: The applicantCommunity tra

de mark concerned: The word mark « SO’Bio ētic », for goods in classes 3, 24 and 25 – Community trade mark application No 6 827 281Proprietor of the mark or s

ign cited in the opposition proc

eedings: The other party to the proceedings before t

he Board of AppealMark or sign cited in opposition: Community trade mark registrations and United Kingdom trade mark registrations of the word mark “SO…?” et al., for goods in classes 3 and 25Decision of the Opposition Division: Rejected the oppositionDecision of the Board of Appeal: Annulled the contested decision and rejected the CTM application with respect to all goods claimed in classes 3 and 2

OHIM each to bear the costs, which they have incurred in the course of the proceedings before the General Court.Pleas in law and