CELEX: 62014TN0046
Language: en
Date: 2014-01-20 00:00:00
Title: Case T-46/14: Action brought on 20 January 2014 — Sales & Solutions v OHIM — Wattline (WATTLINE)

15.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 78/14
            
         Action brought on 20 January 2014 — Sales & Solutions v OHIM — Wattline (WATTLINE)
   (Case T-46/14)
   2014/C 78/29
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Sales & Solutions GmbH (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Wattline GmbH (Ruderting, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Alter the contested decision of the Fourth Board of Appeal of OHIM of 18 November 2013 in Case R 1668/2012-4 to the effect that the opposition is upheld in its entirety and the application for the Community trade mark is rejected;
            
         
               —
            
            
               Order the intervener to pay the costs including those incurred in the course of the appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Wattline GmbH
   
      Community trade mark concerned: the word mark ‘WATTLINE’ for services in Classes 35, 36 and 42 — Community trade mark application No 8 908 345
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the German word and figurative mark and the Community word and figurative mark ‘Watt’ for services in Classes 35, 39 and 42
   
      Decision of the Opposition Division: the opposition was upheld in part
   
      Decision of the Board of Appeal: the contested decision was annulled and the opposition was rejected
   
      Pleas in law: Infringement of Article 8(1)(b) and (4) of Regulation (EC) No 207/2009 and infringement of Rule 20(7)(c) and Rule 50 of Commission Regulation (EC) No 2868/95