CELEX: 62013TN0138
Language: en
Date: 2013-03-02 00:00:00
Title: Case T-138/13: Action brought on 2 March 2013 — Evonik Oil Additives v OHIM — BRB International (VISCOTECH)

18.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/23
            
         Action brought on 2 March 2013 — Evonik Oil Additives v OHIM — BRB International (VISCOTECH)
   (Case T-138/13)
   2013/C 141/42
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Evonik Oil Additives GmbH (Darmstadt, Germany) (represented by: J. Albrecht, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: BRB International BV (Ittervoort, Netherlands)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 December 2012 in Case R 907/2012-5;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: BRB International BV
   
      Community trade mark concerned: the word mark ‘VISCOTECH’ for goods in Classes 1 and 4
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the national and international word marks ‘VISCOPLEX’ for goods in Classes 1 and 4
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was upheld and the opposition was rejected
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009