Action brought on 30 October 2013 – Lesaffre et Compagnie v OHIM – Louis Baking Company (BAKING CENTER BY TECHNOLINE)

(Case T-575/13)

Language in which the application was lodged: French

Parties

Applicant: Lesaffre et Compagnie (Paris, France) (represented by: T. De Haan and P. Péters, lawyers)

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

Other party to the proceedings before the Board of Appeal: Louis Baking Company, SL (Girona, Spain)

Form of order sought

Annul in its entirety the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 August 2013 in Case R 2333/2012-4; and

Order OHIM to pay the costs incurred by Lesaffre in the proceedings before the General Court and before the Fourth Board of Appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: Louis Baking Company, SL

Community trade mark concerned: Coloured figurative mark containing the word elements ‘BAKING CENTER By TECHNOLINE’ for goods and services in Classes 30, 35 and 42 – Application for Community trade mark No 9 195 793

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

Mark or sign cited in opposition: French mark ‘BAKING CENTER’ for services in Class 41

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

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