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