Judgment — ECLI:EU:T:2016:26
Date: 2016-01-21
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 17 February 2015 – ROD Leichtmetallräder v OHIM – Rodi TR (ROD) (Case T-75/15) Language in which the application was lodged: English Parties Applicant: ROD Leichtmetallräder GmbH (Weiden in der Oberpfalz, Germany) (represented by: J. Hellenbrand and J. Biener, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) Other party to the proceedings before the Board of Appeal: Rodi TR, SL (Lleida, Spain) Details of the proceedings before OHIM Proprietor of the trade mark at issue: Applicant Trade mark at issue: Community figurative mark containing the word element ‘ROD’ – Community trade mark No 5 694 989 Procedure before OHIM: Proceedings for a declaration of invalidity Contested decision: Decision of the Fifth Board of Appeal of OHIM of 17 December 2014 in Case R 281/2014-5 Form of order sought The applicant claims that the Court should: Annul the contested decision; Annul the decision of OHIM’s Cancellation Division of 22 November 2013 ; Order OHIM to pay the costs of the proceedings before the General Court as well as the costs of the proceedings before OHMI’s Board of Appeal. Pleas in law Infringement of Article 65(2) in connection with Article 8(1)(b) of Regulation No 207/2009; Infringement of an essential procedural requirement – infringement of Rules 39(3) and 37(b)(ii) of Regulation No 2868/95.