Action brought on 25 July 2014 — Messi Cuccittini v OHIM — J.M.-E.V. e hijos (MESSI)

(Case T-554/14)

Language in which the application was lodged: Spanish

Parties

Applicant: Lionel Andrés Messi Cuccittini (Barcelona, Spain) (represented by: J. L. Rivas Zurdo and M. Toro Gordillo, lawyers)

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

Other party to the proceedings before the Board of Appeal: J.M.-E.V. e hijos, SRL (Granollers, Spain)

Form of order sought

The applicant claims that the General Court should:

annul the decision of the First Board of Appeal of OHIM of 23 April 2014 in Case R 1553/2013-1, in which it dismissed the applicant’s appeal and affirmed the decision of the Opposition Division upholding Opposition No B 1 938 458 and rejecting in part Community trade mark application No 10 181 154 ‘MESSI’ (figurative);

order the party or parties opposing the action to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark including the word element ‘MESSI’ for goods in classes 3, 9, 14, 16, 25 and 28 — Community trade mark application No 10 181 154

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 word marks ‘MASSI’ for goods in classes 9, 25 and 28

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

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