CELEX: 62014TN0641
Language: en
Date: 2014-08-28 00:00:00
Title: Case T-641/14: Action brought on 28 August 2014 — Dellmeier/OHMI — Dell (LEXDELL)

27.10.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 380/18
            
         Action brought on 28 August 2014 — Dellmeier/OHMI — Dell (LEXDELL)
   (Case T-641/14)
   2014/C 380/24
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Alexandra Dellmeier (München, Germany) (represented by: J. Khöber, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Dell, Inc. (Round Rock, US)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal No R 0966/2013-2 of the Office for Harmonisation in the Internal Market dated 4 June 2014 regarding the opposition proceedings No B 1  698 2892 against Community Trademark Application No 008114779 ‘LEXDELL’ and reject the opposition in its entirety.
            
         
               —
            
            
               Order the defendant to pay the costs incurred in the proceedings before the Court.
            
         
               —
            
            
               Set a date for an Oral Hearing for the case that findings of the Court are not possible without an Oral Hearing.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: The community word mark ‘LEXDELL’ for goods and services in classes 16, 25, 41 and 45 — Community trade mark application No 8 1 14  779.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal.
   
      Mark or sign cited in opposition: Community figurative trade mark containing the verbal element ‘DELL’ registered under the No 6 4 20  641.
   
      Decision of the Opposition Division: Partially upheld the opposition.
   
      Decision of the Board of Appeal: Rejected the appeal.
   
      Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Regulation No 207/2009.