CELEX: 62013TN0627
Language: en
Date: 2013-11-25 00:00:00
Title: Case T-627/13: Action brought on 25 November 2013 — The Tea Board v OHIM — Delta Lingerie (Darjeeling)

15.2.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/38
            
         Action brought on 25 November 2013 — The Tea Board v OHIM — Delta Lingerie (Darjeeling)
   (Case T-627/13)
   2014/C 45/67
   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:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 September 2013 given in Case R 1387/2012-2;
            
         
               —
            
            
               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 containing the verbal element ‘Darjeeling’ for goods and services in Classes 25, 35 and 38 — Community trade mark application No 9 468 521
   
      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’
   
      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.