Action brought on 17 February 2014 – BSH Bosch und Siemens Hausgeräte v OHIM – Arçelik (AquaPerfect)
(Case T-123/14)
Language in which the application was lodged: English
Parties
Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Arçelik AS (Istanbul, Turkey)
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 9 December 2013 given in Case R 314/2013-4;
Order the defendant to pay the costs of proceedings.
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 “AquaPerfect” for the goods in Class 7 – Community trade mark application No 10 330 454
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Community registration No 9 444 118 of the word mark “waterPerfect” for goods in Class 7
Decision of the Opposition Division: Partly upheld the opposition
Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition
Pleas in law: Infringement of Article 8(1)(b) CTMR.