CELEX: 62013TN0662
Language: en
Date: 2013-12-12 00:00:00
Title: Case T-662/13: Action brought on 12 December 2013 — dm-drogerie markt v OHIM — Diseños Mireia (D and M)

1.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/12
            
         Action brought on 12 December 2013 — dm-drogerie markt v OHIM — Diseños Mireia (D and M)
   (Case T-662/13)
   2014/C 61/21
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and C. Mellein, lawyers)
   
      Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Diseños Mireia, SL (Barcelona, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 September 2013 given in Case R 911/2012-1 and cancel the contested trade mark;
            
         
               —
            
            
               Alternatively: Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 September 2013 given in Case R 911/2012-1 and remit the case;
            
         
               —
            
            
               Alternatively: Annul the decision of the First Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 11 September 2013 given in Case R 911/2012-1.
            
         
      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 consisting of the letters ‘D’ and ‘M’ for goods in Class 14 — Community trade mark application No 9 737 917
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: The Community trade mark registration No 3 984 044 for the word mark ‘dm’ for goods in Class 14
   
      Decision of the Opposition Division: Rejected the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8 (1) (b) CTMR