Action brought on 16 April 2014 – Masafi v OHIM – Hd1 (masafi)

(Case T-249/14)

Language in which the application was lodged: English

Parties

Applicant: Masafi Co. LLC (Dubai, United Arab Emirates) (represented by: G. Hinarejos Mulliez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Hd1 Ltd (Huddersfield, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 February 2014 given in Case R 1131/2013-4;

Order the other party to the proceedings, should it intervene, to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark in black and white containing the verbal element “masafi” for goods in classes 29, 30 and 32

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 United Kingdom trade mark registration No 2 551 560 for the word “masafi”

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(a) and (b) CTMR