Action brought on 24 February 2014 — Albis Plastic v OHIM — IQAP Masterbatch Group (ALCOLOR)

(Case T-132/14)

Language in which the application was lodged: German

Parties

Applicant: Albis Plastic GmbH (Hamburg, Germany) (represented by: C. Klawitter, lawyer)

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

Other party to the proceedings before the Board of Appeal: IQAP Masterbatch Group, SL (Masíes de Roda, Spain)

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 3 December 2013 in Case R 1015/2012-2;

order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Word mark ‘ALCOLOR’ for goods and services in Class 1 — Community trade mark No 3 073 889

Proprietor of the Community trade mark: Applicant

Applicant for the declaration of invalidity of the Community trade mark: IQAP Masterbatch Group, SL

Grounds for the application for a declaration of invalidity: National figurative mark containing the word element ‘ALCOLOR’ for goods in Class 2, and company name ‘ALCOLOR’ used in Spain the course of trade for ‘dyestuffs’

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity

Decision of the Board of Appeal: Allowed the appeal and remitted the case to the Cancellation Division

Pleas in law: Infringement of Article 53(1) of Regulation No 207/2009 and its implementing provisions