Action brought on 3 March 2014 – PRS Mediterranean v OHIM – Reynolds Presto Products (NEOWEB)
(Case T-166/14)
Language in which the application was lodged: English
Parties
Applicant: PRS Mediterranean Ltd (Tel Aviv, Israel) (represented by: A. Späth and V. Töbelmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Reynolds Presto Products, Inc. (Richmond, United States)
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 28 November 2013 given in Joined Cases R 889/2012-2 and R 635/2012-2;
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 “NEOWEB” for goods in Class 19 – Community trade mark application No 6 184 568
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: Various national trademarks of the word mark “GEOWEB” for goods in Classes 1, 17 and 19 and the non-registered mark “GEOWEB” used in the course of trade in all Member States of the European Union
Decision of the Opposition Division: Partially upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal proceedings
Pleas in law: Infringement of Articles 8(1)(b), 8(3), 8(4) and 8(5) CTMR.