Source: EURLEX
Language: en
Format: md

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| 15.2.2014 | EN | Official Journal of the European Union | C 45/37 |

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Action brought on 25 November 2013 — The Tea Board v OHIM — Delta Lingerie (Darjeeling)

(Case T-624/13)

2014/C 45/64

Language in which the application was lodged: English

Parties

Applicant: The Tea Board (Calcutta, India) (represented by: A. Nordemann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Delta Lingerie (Cachan, France)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 September 2013 given in Case R 1504/2012-2; |

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| — | Order the defendant to pay the costs of proceedings. |

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 claiming the colour green containing the verbal element ‘Darjeeling’ for Classes 25, 35 and 38 — the Community trade mark application No 9 466 269

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community collective trade mark registration No 4 325 718 of the word mark ‘DARJEELING’ for goods in Class 30; Community collective trade mark registration No 8 674 327 of the figurative mark containing the verbal element ‘DARJEELING’ for goods in Class 30

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.

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