Judgment — ECLI:EU:T:2015:434
Date: 2015-06-25
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 12 December 2013 – dm-drogerie markt v OHIM – Diseños Mireia (D and M) (Case T-662/13) Language in which the application was lodged: English Parties Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and C. Mellein, lawyers) Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Diseños Mireia, SL (Barcelona, Spain) Form of order sought The applicant claims that the Court should: Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 September 2013 given in Case R 911/2012-1 and cancel the contested trade mark; Alternatively: Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 September 2013 given in Case R 911/2012-1 and remit the case; Alternatively: Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 September 2013 given in Case R 911/2012-1. Pleas in law and main arguments Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal Community trade mark concerned: The figurative mark consisting of the letters ”D” and “M” for goods in Class 14 – Community trade mark application No 9 737 917 Proprietor of the mark or sign cited in the opposition proceedings: The applicant Mark or sign cited in opposition: The Community trade mark registration No 3 984 044 for the word mark “dm” for goods in Class 14 Decision of the Opposition Division: Rejected the opposition Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8 (1) (b) CTMR