Action brought on 10 December 2013 – Petco Animal Supplies Stores v OHIM – Gutiérrez Ariza (PETCO)

(Case T-664/13)

Language in which the application was lodged: English

Parties

Applicant: Petco Animal Supplies Stores, Inc. (San Diego, United States) (represented by: C. Aikens, Barrister)

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

Other party to the proceedings before the Board of Appeal: Domingo Gutiérrez Ariza (Malaga, Spain)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 October 2013 given in Case R 347/2013-4;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “PETCO” for goods and services in Classes 3, 31 and 35 – Community trade mark application No 10 114 081

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark No 9 062 902 for the figurative mark in red and white containing the verbal element “PETCO” for goods and services in Classes 31 and 35

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Accepted the appeal in part

Pleas in law: Infringement of Article 8(1)(a) and (b) CTMR.