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Case T-138/13: Action brought on 2 March 2013 — Evonik Oil Additives v OHIM — BRB International (VISCOTECH)
ECLI:EU:UNKNOWN:62013TN0138
62013TN0138
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18.5.2013
EN
Official Journal of the European Union
C 141/23
(Case T-138/13)
2013/C 141/42
Language in which the application was lodged: German
Parties
Applicant: Evonik Oil Additives GmbH (Darmstadt, Germany) (represented by: J. Albrecht, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: BRB International BV (Ittervoort, Netherlands)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 December 2012 in Case R 907/2012-5;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: BRB International BV
Community trade mark concerned: the word mark ‘VISCOTECH’ for goods in Classes 1 and 4
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: the national and international word marks ‘VISCOPLEX’ for goods in Classes 1 and 4
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was upheld and the opposition was rejected
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009