Judgment — ECLI:EU:T:2017:286
Date: 2017-04-27
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 9 December 2015 — BASF v OHIM — Evonik Industries (DINCH) (Case T-721/15) Language in which the application was lodged: German Parties Applicant: BASF SE (Ludwigshafen am Rhein, Germany) (represented by: A. Schulz and C. Onken, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) Other party to the proceedings before the Board of Appeal: Evonik Industries AG (Marl, Germany) Details of the proceedings before OHIM Proprietor of the trade mark at issue: The applicant Trade mark at issue: Community word mark ‘DINCH’ — Community trade mark No 2 563 856 Procedure before OHIM: Invalidity proceedings Contested decision: Decision of the First Board of Appeal of OHIM of 23 September 2015 in Case R 2080/2014-1 Form of order sought The applicant claims that the Court should: amend the contested decision to the effect that the appeal of the other party before the Board of Appeal be dismissed; in the alternative, annul the contested decision; order OHIM to pay the costs. Pleas in law Infringement of Article 7(1)(b) of Regulation No 207/2009; Infringement of Article 7(1)(c) of Regulation No 207/2009. ____________