Action brought on 18 July 2014 – The Cookware Company v OHIM – Fissler (VITA+VERDE)

(Case T-535/14)

Language in which the application was lodged: English

Parties

Applicant: The Cookware Company Ltd (Hong Kong, China) (represented by: K. Manhaeve, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fissler GmbH (Idar-Oberstein, Germany)

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 15 April 2014 given in Case R 1082/2013-2.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark in colour containing the verbal elements “VITA+VERDE” for gods in Class 21 – Community trade mark application No 10 073 054

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: The earlier CTM No 1 013 787 for the word “vitavit”

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision and upheld the opposition

Pleas in law: Infringement of Article 8(1)(b) CTMR.