Action brought on 17 April 2014 – Yoworld v OHIM – Nestlé (yogorino)

(Case T-246/14)

Language in which the application was lodged: English

Parties

Applicant: Yoworld SA (Luxembourg, Luxembourg) (represented by: A. Tornato and D. Hazan, lawyers)

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

Other party to the proceedings before the Board of Appeal: Société des produits Nestlé SA (Vevey, Switzerland)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2013 given in Case R 115/2013-2;

Order the defendant 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 containing the verbal element “yogorino” for goods and services in Classes 5, 35 and 43 – Community trade mark application No 9 436 536

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: Earlier Community trade mark No 7 256 829

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Upheld the appeal and annulled the contested decision in part

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