Action brought on 4 November 2013 – Real Express v OHIM – MIP Metro (real)

(Case T-580/13)

Language in which the application was lodged: English

Parties

Applicant: Real Express Srl (Bucharest, Romania) (represented by: C. Anitoae, lawyer)

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

Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)

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 16 September 2013 given in Case R 1519/2012-4;

Order the defendant and the intervener 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 in blue and red containing the verbal element “real” for goods and services in Classes 3 and 35 – Community trade mark application No 9 512 609

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

Mark or sign cited in opposition: Romanian trade marks Nos 38 089 and 80 065

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

Decision of the Board of Appeal: Dismissed the appeal

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