# C_2013086EN.01002001.xml

| 23.3.2013 | EN | Official Journal of the European Union | C 86/20 |
| --- | --- | --- | --- |

23.3.2013

EN

Official Journal of the European Union

C 86/20

---

Action brought on 18 January 2013 — dm-drogerie markt/OHIM — Semtee (CALDEA)

(Case T-26/13)

2013/C 86/33

Language in which the application was lodged: English

Parties

Parties

Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and B. Beinert, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Semtee (Escaldes Engornay, Andorra)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Fits Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Design) of 10 October 2012 (Appeal relating to Opposition Proceedings No R 2432/2011-1) and, by the way of correction, delete the applicant’s trademark; |
| --- | --- |

—

Annul the decision of the Fits Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Design) of 10 October 2012 (Appeal relating to Opposition Proceedings No R 2432/2011-1) and, by the way of correction, delete the applicant’s trademark;

| — | Alternatively annul the decision of the Fits Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Design) of 10 October 2012 (Appeal relating to Opposition Proceedings No R 2432/2011-1) and, to remit the case to the Office for Harmonisation; |
| --- | --- |

—

Alternatively annul the decision of the Fits Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Design) of 10 October 2012 (Appeal relating to Opposition Proceedings No R 2432/2011-1) and, to remit the case to the Office for Harmonisation;

| — | Alternatively annul the decision of the Fits Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Design) of 10 October 2012 (Appeal relating to Opposition Proceedings No R 2432/2011-1). |
| --- | --- |

—

Alternatively annul the decision of the Fits Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Design) of 10 October 2012 (Appeal relating to Opposition Proceedings No R 2432/2011-1).

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘CALDEA’, for goods and services in classes 3, 35, 37, 42, 44 and 45 — Community trade mark application No 9 264 433

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

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

Mark or sign cited in opposition: International registration with effect inter alia in the European Union No 894 004 for goods in classes 3, 5 and 8

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Articles 8(1)(b) and (5) of Council Regulation No 207/2009.

Pleas in law:

---