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.