Source: EURLEX
Language: en
Format: md

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| 22.2.2016 | EN | Official Journal of the European Union | C 68/32 |

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Action brought on 9 December 2015 — BASF v OHIM — Evonik Industries (DINCH)

(Case T-721/15)

(2016/C 068/41)

Language in which the application was lodged: German

Parties

Applicant: BASF SE (Ludwigshafen am Rhein, Germany) (represented by: A. Schulz and C. Onken, lawyers)

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

Other party to the proceedings before the Board of Appeal: Evonik Industries AG (Marl, Germany)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: The applicant

Trade mark at issue: Community word mark ‘DINCH’ — Community trade mark No 2 563 856

Procedure before OHIM: Invalidity proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 23 September 2015 in Case R 2080/2014-1

Form of order sought

The applicant claims that the Court should:

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| — | amend the contested decision to the effect that the appeal of the other party before the Board of Appeal be dismissed; |

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| — | in the alternative, annul the contested decision; |

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| — | order OHIM to pay the costs. |

Pleas in law

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| — | Infringement of Article 7(1)(b) of Regulation No 207/2009; |

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| — | Infringement of Article 7(1)(c) of Regulation No 207/2009. |

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