Action brought on 4 October 2013 – Three-N-Products/OHIM – Munindra (PRANAYUR)

(Case T-543/13)

Language in which the application was lodged: English

Parties

Applicant: Three-N-Products Private Ltd (New Delhi, India) (represented by: N. Colombo, lawyer)

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

Other party to the proceedings before the Board of Appeal: Munindra Holding BV (Lelystad, Netherlands)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal No. R 638/2012-4 dated 25 July 2013 in its entirety and, consequently, reject the registration of the opposite application PRANAYUR;

Order the OHIM to pay the costs incurred by Three-N-Products Private Ltd;

Order Munindra Holding B.V. to pay the costs incurred by Three-N-Products Private Ltd.

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 word mark “PRANAYUR” for goods in classes 5 and 30 – Community trade mark application No 7 170 095

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The word mark “AYUR” and figurative marks containing the word element “Ayur”

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.