Action brought on 23 May 2014 — Penny-Markt v OHIM — Boquoi Handels (B! O)

(Case T-364/14)

2014/C 261/56

Language in which the application was lodged: German

Parties

Applicant: Penny-Markt GmbH (Cologne, Germany) (represented by: M. Kinkeldey, S. Brandstätter and A. Wagner, lawyers)

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

Other party to the proceedings before the Board of Appeal: Boquoi Handels OHG (Straelen, Germany)

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the figurative mark including the word element ‘B! O’ for goods in Classes 29, 30, 31 and 32 — Community trade mark No 10 038 008

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: Boquoi Handels OHG

Grounds for the application for a declaration of invalidity: the national and Community trade mark ‘bo’ for goods and services in Classes 5, 16, 21, 29, 31, 32, 33 and 35

Decision of the Cancellation Division: the application for a declaration of invalidity was rejected

Decision of the Board of Appeal: the decision of the Cancellation Division was annulled and the Community trade mark was declared invalid

Pleas in law: Infringement of Articles 8(1)(b) and 53(1)(a) of Regulation No 207/2009