Judgment — ECLI:EU:T:2015:930
Date: 2015-12-03
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 2 September 2014 – Infusion Brands v OHIM (DUALTOOLS) (Case T-648/14) Language of the case: English Parties Applicant: Infusion Brands, Inc. (Myer Lake Circle Clearwater, United States) (represented by: K. Piepenbrink, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought The applicant claims that the Court should: Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 July 2014 given in Case R 398/2014-4; Order the defendant to pay the costs of proceedings. Pleas in law and main arguments Community trade mark concerned: The figurative mark in white, black and green containing the verbal element “DUALTOOLS” for goods and services in Classes 7, 8 and 35 – Community trade mark application No 12 027 496 Decision of the Examiner: Partially rejected the application Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Articles 7(1)(b), (c) and 7(2) of Regulation No 207/2009.