CELEX: 62013TN0706
Language: en
Date: 2013-12-24 00:00:00
Title: Case T-706/13: Action brought on 24 December 2013 — TUI Deutschland GmbH v OHIM — Infinity Real Estate & Project Development (Sensimar)

1.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/14
            
         Action brought on 24 December 2013 — TUI Deutschland GmbH v OHIM — Infinity Real Estate & Project Development (Sensimar)
   (Case T-706/13)
   2014/C 61/25
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: TUI Deutschland GmbH (Hanover, Germany) (represented by: D. von Schultz, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Infinity Real Estate & Project Development GmbH (Rantum/Sylt, Germany)
   
      Form of order sought
   
   The applicant claims that the General 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 17 October 2013 in Case R 1476/2012-1;
            
         
               —
            
            
               reject the opposition to the applicant’s Community trade mark registration No 7 212 889;
            
         
               —
            
            
               order OHIM to pay the costs relating to the cancellation proceedings, the appeal proceedings and this action before the General Court.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: The word mark ‘Sensimar’ for goods and services in Classes 16, 25, 35 and 44 — Community trade mark application No 7 212 889
   
      Proprietor of the mark or sign cited in the opposition proceedings: Infinity Real Estate & Project Development GmbH
   
      Mark or sign cited in opposition: National word marks ‘SANSIBAR’ for goods and services in Classes 16, 25, 35 and 44
   
      Decision of the Opposition Division: Opposition upheld.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(2) in conjunction with Article 8(1)(b) of Regulation No 207/2009.