Action brought on 20 November 2013 – Levi Strauss v OHIM – L&O Hunting Group (101)

(Case T-604/13)

Language in which the application was lodged: English

Parties

Applicant: Levi Strauss & Co. (San Francisco, United States) (represented by: V. von Bomhard and J. Schmitt, lawyers)

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

Other party to the proceedings before the Board of Appeal: L&O Hunting Group GmbH (Isny im Allgäu, 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 6 September 2013 given in Case R 1538/2012-2;

Order that the costs of the proceedings be borne by the defendant and the intervener, in case it was to intervene.

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 “101” for goods in Classes 13, 25 and 28 – Community trade mark application No 9 446 634

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

Mark or sign cited in opposition: Community trade mark registration No 26 708 of the word mark “501” for goods in Classes 16, 18 and 25

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 Articles 8(1)(b) and 8(5) CTMR.