Action brought on 20 December 2013 – Colomer Italy v OHIM – Farmaca International (INTERCOSMO ESTRO)

(Case T-681/13)

Language in which the application was lodged: Italian

Parties

Applicant: Colomer Italy SpA (Sala Bolognese, Italy) (represented by: M. Ricolfi, F. Tarocco and C. Mezzetti, lawyers)

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

Other party to the proceedings before the Board of Appeal: Farmaca International SpA (Turin, Italy)

Form of order sought

The applicant claims that the Court should:

–    Uphold the present action and consequently annul the decision of the First Board of Appeal of 3 October 2013, notified on 17 October 2013, given in Case R 1186/2012-1;

–    Reject Farmaca International SpA.’s opposition to the registration of the mark ‘INTERCOSMO ESTRO’, so that that registration is granted;

–    Order that the applicant’s costs in the proceedings be awarded in its favour.

Pleas in law and main arguments

Applicant for the Community trade mark: Colomer Italy SpA

Community trade mark concerned: Figurative mark containing the word element ‘INTERCOSMO ESTRO’ for goods in class 3

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

Mark or sign cited in opposition: Non-registered figurative mark ‘ESTRO’ for ‘hair and cosmetic’ goods

Decision of the Opposition Division: The opposition was upheld

Decision of the Board of Appeal: The appeal was dismissed

Pleas in law: Infringement and misapplication of Articles 8(4), 7(1) and 75 of Regulation (EC) No 207/2009.