Action brought on 17 February 2014 – BSH Bosch und Siemens Hausgeräte v OHIM – Arçelik (AquaPerfect)

(Case T-123/14)

Language in which the application was lodged: English

Parties

Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Arçelik AS (Istanbul, Turkey)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 December 2013 given in Case R 314/2013-4;

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 word mark “AquaPerfect” for the goods in Class 7 – Community trade mark application No 10 330 454

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

Mark or sign cited in opposition: Community registration No 9 444 118 of the word mark “waterPerfect” for goods in Class 7

Decision of the Opposition Division: Partly upheld the opposition

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

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