CELEX: 62014TN0105
Language: en
Date: 2014-02-12 00:00:00
Title: Case T-105/14: Action brought on 12 February 2014 — TrekStor v OHIM — Scanlab (iDrive)

14.4.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/54
            
         Action brought on 12 February 2014 — TrekStor v OHIM — Scanlab (iDrive)
   (Case T-105/14)
   2014/C 112/70
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: TrekStor Ltd (Hong Kong, Hong Kong) (represented by: M. Alber, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Scanlab AG (Puchheim, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 December 2013 in Case R 2330/2012-1 to the effect that the mark ‘iDrive’ is allowed to proceed to registration in its entirety and that the opposing party’s opposition is rejected;
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the word mark ‘iDrive’ for goods in Class 9 (Community trade mark application No 10 267 573)
   
      Proprietor of the mark or sign cited in the opposition proceedings: Scanlab AG
   
      Mark or sign cited in opposition: the national word mark ‘IDRIVE’ for goods and services in Classes 9 and 42
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) in conjunction with Article [42](5) of Regulation No 207/2009