Action brought on 21 May 2014 – The Smiley Company v OHIM – The Swatch Group Management Services (HAPPY TIME)

(Case T-352/14)

Language in which the application was lodged: English

Parties

Applicant): The Smiley Company SPRL (Bruxelles, Belgium) (represented by: I. Helbig, P. Hansmersmann and S. Rengshausen, lawyers)

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

Other party to the proceedings before the Board of Appeal: The Swatch Group Management Services AG (Biel, Switzerland)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 February 2014 in Case R 1497/2013-1;

Dismiss the opposition by amendment of the contested decision;

Order OHIM to pay the applicant’s costs before the General Court and order the intervener to pay the applicant’s costs before the Board of Appeal.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “HAPPY TIME” for goods and services in Classes 14 and 35 - Community trade mark application No 10 106 813

Proprietor of the mark or sign cited in the opposition proceedings: The Swatch Group Management Services AG

Mark or sign cited in opposition: International registration protected with effect in the European Union of the word mark “HAPPY HOURS” for services in Classes 35 and 37

Decision of the Opposition Division: The opposition was partially upheld

Decision of the Board of Appeal: The appeal was dismissed

Pleas in law: Violation of Article 8(1)(b) of Regulation No 207/2009