CELEX: 62015TN0541
Language: en
Date: 2015-09-17 00:00:00
Title: Case T-541/15: Action brought on 17 September 2015 — Industrie Aeronautiche Reggiane v OHIM — Audi (NSU)

16.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 381/51
            
         Action brought on 17 September 2015 — Industrie Aeronautiche Reggiane v OHIM — Audi (NSU)
   (Case T-541/15)
   (2015/C 381/62)
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Industrie Aeronautiche Reggiane Srl (Reggio Emilia, Italy) (represented by: M. Gurrado, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal: Audi AG (Ingolstadt, Germany)
   
      Details of the proceedings before OHIM
   
   
      Applicant: Applicant
   
      Trade mark at issue: Community word mark ‘NSU’ — Application for registration No 9 593 492
   
      Procedure before OHIM: Opposition proceedings
   
      Contested decision: Decision of the Second Board of Appeal of OHIM of 6 July 2015 in Case R 2132/2014-2
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the contested decision and, as a result, the OHIM shall proceed with the registration of the application for CTM;
            
         
               —
            
            
               order AUDI to bear its own costs and pay those of the Applicant, also for the proceedings before the OHIM Opposition Division and the Board of Appeal.
            
         
      Pleas in law
   
   
               —
            
            
               Audi failed to demonstrate genuine use of the earlier mark;
            
         
               —
            
            
               Existence of a difference between components and finished products;
            
         
               —
            
            
               Existence of a difference between bicycles and the goods indicated in the request of limitation dated 16 October 2014.