Action brought on 25 November 2013 – Ratioparts-Ersatzteile v OHIM – Norwood Promotional Products Europe (NORTHWOOD professional forest equipment)

(Case T-622/13)

Language in which the application was lodged: German

Parties

Applicant: Ratioparts-Ersatzteile-Vertriebs GmbH (Euskirchen, Germany) (represented by: M. Koch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Norwood Promotional Products Europe, SL (Tarragona, Spain)

Form of order sought

The applicant claims that the Court should:

alter the decision of the Second Board of Appeal of 11 September 2013 (Case R 1244/2012-2) in such a way that opposition No B 176 807 is rejected, and

order the opponent to pay the costs of the opposition proceedings and the appellant to pay the costs of the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark “NORTHWOOD” for goods and services in Classes 8, 9, 20, 25 and 35 – Community trade mark application No 9 412 776

Proprietor of the mark or sign cited in the opposition proceedings: Norwood Promotional Products Europe, SL

Mark or sign cited in opposition: Community word mark “NORWOOD” for goods in Class 35

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

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