Judgment — ECLI:EU:T:2016:294
Date: 2016-05-12
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 1 September 2014 — Red Lemon Incorporation v OHIM — Lidl Stiftung (ABTRONIC) (Case T-643/14) Language in which the application was lodged: German Parties Applicant: Red Lemon Incorporation (Hong Kong, People’s Republic of China) (represented by: T. Wieland and S. Müller, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Lidl Stiftung & Co. KG (Neckarsulm, Germany) Form of order sought The applicant claims that the Court should: Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2014 in Case R 1899/2013-1 and reject the opposition; Order the defendant to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: the applicant Community trade mark concerned: the word mark ‘ABTRONIC’ for goods in Class 9 — Community trade mark application No 8 184 632 Proprietor of the mark or sign cited in the opposition proceedings: the other party to the proceedings before the Board of Appeal Mark or sign cited in opposition: the international registration of the word mark ‘TRONIC’ for goods in Class 9 Decision of the Opposition Division: the opposition was upheld Decision of the Board of Appeal: the appeal was dismissed Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009