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Document 62014TN0100

Case T-100/14: Action brought on 12 February 2014 — Tecalan v OHIM (TECALAN)

14.4.2014   

EN

Official Journal of the European Union

C 112/51


Action brought on 12 February 2014 — Tecalan v OHIM (TECALAN)

(Case T-100/14)

2014/C 112/66

Language in which the application was lodged: German

Parties

Applicant: Tecalan GmbH (Grünberg, Germany) (represented by: S. Holthaus, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ensinger GmbH (Nufringen, Germany)

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 11 December 2013 in Case R 2308/2012-1;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Tecalan GmbH

Community trade mark concerned: Wordmark TECALAN for goods in Class 17 (Community trade mark registration No 6 203 285)

Proprietor of the mark or sign cited in the opposition proceedings: Ensinger GmbH

Mark or sign cited in opposition: Word mark TECADUR for goods in Class 17

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

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


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