Action brought on 30 January 2014 – Swatch v OHIM – Panavision Europe (SWATCHBALL)

(Case T-71/14)

Language in which the application was lodged: English

Parties

Applicant: Swatch AG (Biel, Switzerland) (represented by: P. González-Bueno Catalán de Ocón, lawyer)

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

Other party to the proceedings before the Board of Appeal: Panavision Europe Ltd (Greenford, United Kingdom)

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 11 November 2013 given in Case R 470/2012-2.

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 “SWATCHBALL” for goods and services in Classes 9, 35, 41 and 42 – Community trade mark application No 6 543 524

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

Mark or sign cited in opposition: International Registrations and Community trade mark registrations of the figurative mark containing the verbal element “swatch” and the word mark “SWATCH”

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.