Action brought on 30 May 2013 – Adler Modemärkte v OHIM – Blufin (MARINE BLEU)

(Case T-296/13)

Language in which the application was lodged: German

Parties

Applicant: Adler Modemärkte AG (Haibach, Germany) (represented by: J. Plate and R. Kaase, lawyers)

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

Other party to the proceedings before the Board of Appeal: Blufin SpA (Carpi, Italy)

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 3 April 2013 in Case R 386/2012-2 due to incompatibility with Article 8(1)(b) of Regulation No 40/94 on the Community trade mark;

Order OHIM to pay the costs including those incurred in the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark including the word elements ‘MARINE BLEU’ for goods in Class 25 – Community trade mark application No 6 637 193

Proprietor of the mark or sign cited in the opposition proceedings: Blufin SpA

Mark or sign cited in opposition: the word mark ‘BLUMARINE’ for goods in Class 25

Decision of the Opposition Division: the opposition was rejected

Decision of the Board of Appeal: the appeal was upheld and the application was rejected

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94