Action brought on 17 May 2013 - El Corte Inglés v OHIM – Gaffashion (BAUSS)
(Case T-267/13)
Language in which the application was lodged: Spanish
Parties
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J. L. Rivas Zurdo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Gaffashion - Comércio de Acessórios de Moda, Lda (Viana do Castelo, Portugal)
Form of order sought
The applicant claims that the General 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 21 February 2013 in Case R 2295/2011-2, in so far as, by dismissing the appeal brought by the applicant, it upheld the decision of the Opposition Division to grant in part the Community trade mark No 9 093 733 ‘BAUSS’ (word);
order the party or parties opposing this action to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Gaffashion – Comércio de Acessórios de Moda, Lda
Community trade mark concerned: Word mark ‘BAUSS’ for goods and services in Classes 18, 25 and 35 – Community trade mark application No 9 093 733
Proprietor of the mark or sign cited in the opposition proceedings: Applicant
Mark or sign cited in opposition: Figurative marks with word elements ‘BASS 3 TRES’, ‘BASS 10 DIEZ’ and ‘BASS 20 VEINTE’ for goods and services in Classes 18, 25 and 35
Decision of the Opposition Division: Opposition rejected
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009