Source: EURLEX
Language: en
Format: md

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| 27.10.2014 | EN | Official Journal of the European Union | C 380/18 |

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Action brought on 28 August 2014 — Dellmeier/OHMI — Dell (LEXDELL)

(Case T-641/14)

2014/C 380/24

Language in which the application was lodged: English

Parties

Applicant: Alexandra Dellmeier (München, Germany) (represented by: J. Khöber, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Dell, Inc. (Round Rock, US)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal No R 0966/2013-2 of the Office for Harmonisation in the Internal Market dated 4 June 2014 regarding the opposition proceedings No B 1  698 2892 against Community Trademark Application No 008114779 ‘LEXDELL’ and reject the opposition in its entirety. |

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| — | Order the defendant to pay the costs incurred in the proceedings before the Court. |

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| — | Set a date for an Oral Hearing for the case that findings of the Court are not possible without an Oral Hearing. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: The community word mark ‘LEXDELL’ for goods and services in classes 16, 25, 41 and 45 — Community trade mark application No 8 1 14  779.

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: Community figurative trade mark containing the verbal element ‘DELL’ registered under the No 6 4 20  641.

Decision of the Opposition Division: Partially upheld the opposition.

Decision of the Board of Appeal: Rejected the appeal.

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Regulation No 207/2009.

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