Action brought on 30 October 2013 – Verus v OHIM – Joie International (MIRUS)

(Case T-576/13)

Language in which the application was lodged: German

Parties

Applicant: Verus Eood (Sofia, Bulgaria) (represented by: C. Röhl, lawyer)

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

Other party to the proceedings before the Board of Appeal: Joie International Co. Ltd (Hong Kong, China)

Form of order sought

The applicant claims that the General Court should:

vary the decision of the Fifth Board of Appeal of 23 August 2013 in Case R 715/2012-5 so that the opposition is entirely upheld and the application for Community trade mark 9599416 is rejected;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Joie International Co. Ltd

Community trade mark concerned: word mark ‘MIRUS’ for goods in Class 12 – application for Community trade mark No 9 599 416

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

Mark or sign cited in opposition: German word mark ‘MIRUS’ for goods in Classes 12, 25 and 28

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: annulment of the contested decision and rejection of the opposition

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