Action brought on 22 May 2013 – Iglotex/OHIM – Iglo Foods Group (IGLOTEX)

(Case T-282/13)

Language in which the application was lodged: English

Parties

Applicant: Iglotex S.A. (Skórcz, Poland) (represented by: I. Helbig, P. Hansmersmann and S. Rengshausen, lawyers)

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

Other party to the proceedings before the Board of Appeal: Iglo Foods Group Ltd (Feltham, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the contested decision;

Annul the decision of the Opposition Division;

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the word element “IGLOTEX” − Community trade mark application No 9 283 367 for goods in classes 29 and 30

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: The word mark “IGLO” for goods in classes 29 and 30 − Community trade mark application No 5 740 238

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.