Action brought on 28 March 2014 – Victor International/OHIM – Ovejero Jiménez and Becerra Guibert (VICTOR)

(Case T-204/14)

Language in which the application was lodged: English

Parties

Applicant: Victor International GmbH (Elmshorn, Germany) (represented by: R. Kaase and J. Plate, lawyers)

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

Other parties to the proceedings before the Board of Appeal: Gregorio Ovejero Jiménez and María Luisa Cristina Becerra Guibert (Alicante, Spain)

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 22 January 2014 in Case R 2208/2012-2 insofar as the opposition was upheld;

Order the defendant to pay the costs of the proceedings;

Order the intervener to pay the costs of the proceedings before the OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “VICTOR" for goods and services in Classes 25, 28 and 35 – Community trade mark application No 8 409 963

Proprietor of the mark or sign cited in the opposition proceedings: Gregorio Ovejero Jiménez and María Luisa Cristina Becerra Guibert

Mark or sign cited in opposition: Several national figurative marks containing the word element “Victoria” for goods and services in Classes 25 and 35

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Partially annulled the contested decision



Pleas in law: Infringement of Article 15(1) of Regulation No 207/2009 in combination with Article 42(2) and (4) of Regulation No 207/2009 and Rule 22(3) and (4) of the Regulation No 2868/95; infringement of Article 15(1)(a) in conjunction with Article 42(2) and (3) of Regulation No 207/2009 and infringement of Article 8(1)(b) of Regulation No 207/2009.