Source: EURLEX
Language: en
Format: md

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| 8.3.2014 | EN | Official Journal of the European Union | C 71/24 |

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Action brought on 30 December 2013 — Gat Microencapsulation/OHMI — BASF (KARIS)

(Case T-720/13)

(2014/C 71/45)

Language in which the application was lodged: English

Parties

Applicant: Gat Microencapsulation AG (Ebenfurth, Austria) (represented by: S. Soler Lerma and M. C. March Cabrelles, lawyers)

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

Other party to the proceedings before the Board of Appeal: BASF SE (Ludwigshafen am Rhein, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the contested decision insofar appeal submitted by the appellant/applicant was rejected; |

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| — | Order OHIM and the interveners to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Gat Microencapsulation AG

Community trade mark concerned: The word mark ‘KARIS’, for a list of goods and services in Classes 1, 5 and 35

Proprietor of the mark or sign cited in the opposition proceedings: BASF SE

Mark or sign cited in opposition: Community trade mark ‘CARYX’, for goods in classes 1 and 5; international trade mark ‘CARYX’, for goods in classes 1 and 5; Hungarian, Italian and Benelux trade mark ‘AKRIS’, for goods in class 5

Decision of the Opposition Division: Rejection of the Community trade mark application

Decision of the Board of Appeal: Partial rejection of the opposition

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

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