Action brought on 22 August 2014 — Roland v OHIM (Nuance of the colour red for shoe soles)

(Case T -631/14)

Language in which the application was lodged: German

Parties

Applicant: Roland SE (Essen, Germany) (represented by: C. Onken and O. Rauscher)

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

Other party to the proceedings before the Board of Appeal: Christian Louboutin (Paris, France)

Form of order sought

The applicant claims that the Court should:

alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 May 2014 in Case R 1591/2013-1 to the extent that opposition No B 1 922 890 is fully upheld and Community trade mark application No 008845539 is rejected;

in the alternative: annul the contested decision;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Christian Louboutin

Community trade mark concerned: Other marks, which consist of a nuance of the colour red, which is applied to the sole of a shoe, for goods in Class 25 — Community trade mark application No 8845539

Proprietor of the mark or sign cited in the opposition proceedings: Roland SE

Mark or sign cited in opposition: International registration of the figurative mark containing the word element ‘my SHOES’, for goods in Class 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

Infringement of Article 75(2) of Regulation No 207/2009;

Infringement of Article 8(1)(b) of Regulation No 207/2009