Action brought on 16 July 2014 – Sheraton International IP v OHIM – Staywell Hospitality Group (PARK REGIS)
(Case T-536/14)
Language in which the application was lodged: English
Parties
Applicant: Sheraton International IP LLC (Stamford, United States) (represented by: E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Staywell Hospitality Group Pty Ltd (Sydney, Australia)
Form of order sought
The applicant claims that the Court should:
Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 April 2014 given in joined Cases R 240/2013-5 and R 303/2013-5;
Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark containing the verbal elements “PARK REGIS” for services in Classes 35, 36 and 43 – Community trade mark application No 9 488 933
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: CTM registrations, International trade mark registrations and well-known mark “ST REGIS”
Decision of the Opposition Division: Upheld the opposition in part
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.