Action brought on 11 December 2013 – BH Stores v OHIM – Alex Toys (ALEX)

(Case T-657/13)

Language in which the application was lodged: English

Parties

Applicant: BH Stores BV (Curaçao) (represented by: T. Dolde and M. Hawkins, lawyers)

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

Other party to the proceedings before the Board of Appeal: Alex Toys LLC (Greenwich, United States of America)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 16 September  2013 given in Case R 1950/2012-2;

Order the defendant to bear the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark “ALEX” for goods in Classes 16, 20, and 28 – Community trade mark application No 6 540 173

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The German trade mark registration Nos 1 049 274 and 648 968 for the word mark “ALEX” and the German trade mark registration No 39 925 705 for the figurative mark containing the verbal element “ALEX” for goods in Class 28

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 75 and 8(1)(b) CTMR