Action brought on 12 August 2013 – Gruppo Norton v OHIM – Marín Nicolás (Gruppo Norton S.r.l.)

(Case T-427/13)

Language in which the application was lodged: Spanish

Parties

Applicant: Gruppo Norton Srl (Carini, Italy) (represented by: García Lirola, lawyer)

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

Other party to the proceedings before the Board of Appeal: Victoriano Marín Nicolás (Alcantarailla, Spain)

Form of order sought

The applicant claims that the Court should:

deliver a judgment in which, ruling on the substance of the case, it upholds the registration of the trade mark for all of the goods in respect of which it is sought.

Pleas in law and main arguments

Applicant for a Community trade mark: Gruppo Norton Srl

Community trade mark concerned: Figurative mark ‘Gruppo Norton S.r.l.’ for goods in Classes 7 and 9 – Community trade mark application No 10 169 753

Proprietor of the mark or sign cited in the opposition proceedings: Victoriano Marín Nicolás

Mark or sign cited in opposition: Spanish trade mark ‘NORTON HISPANO’ for goods in Class 9

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Inadmissibility of the appeal

Pleas in law: Breach of Article 8(5) of Regulation No 207/2009