CELEX: 62013TN0608
Language: en
Date: 2013-11-22 00:00:00
Title: Case T-608/13: Action brought on 22 November 2013 — easyGroup IP Licensing v OHIM — TUI (easyAir-tours)

25.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/33
            
         Action brought on 22 November 2013 — easyGroup IP Licensing v OHIM — TUI (easyAir-tours)
   (Case T-608/13)
   2014/C 24/60
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: easyGroup IP Licensing Ltd (London, United Kingdom) (represented by: J. Day, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: TUI AG (Hannover, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 September 2013 given in Case R 1029/2012-1;
            
         
               —
            
            
               Order the defendant to pay the costs of proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark containing the verbal elements ‘easyAir-tours’ for goods and services in Classes 16, 36, 39 and 43 — Community trade mark application No 9 220 849
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party before the Board of Appeal
   
      Mark or sign cited in opposition: International trade mark registrations designating the European Union, Community trade mark registration and national trade mark registration of a figurative mark containing inter alia the verbal element ‘airtours’
   
      Decision of the Opposition Division: Rejected the Community trade mark application in part
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) CTMR.