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Case T-721/15: Action brought on 9 December 2015 — BASF v OHIM — Evonik Industries (DINCH)
ECLI:EU:UNKNOWN:62015TN0721
62015TN0721
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22.2.2016
EN
Official Journal of the European Union
C 68/32
(Case T-721/15)
(2016/C 068/41)
Language in which the application was lodged: German
Parties
Applicant: BASF SE (Ludwigshafen am Rhein, Germany) (represented by: A. Schulz and C. Onken, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Evonik Industries AG (Marl, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: The applicant
Trade mark at issue: Community word mark ‘DINCH’ — Community trade mark No 2 563 856
Procedure before OHIM: Invalidity proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 23 September 2015 in Case R 2080/2014-1
Form of order sought
The applicant claims that the Court should:
—amend the contested decision to the effect that the appeal of the other party before the Board of Appeal be dismissed;
—in the alternative, annul the contested decision;
—order OHIM to pay the costs.
Pleas in law
—Infringement of Article 7(1)(b) of Regulation No 207/2009;
—Infringement of Article 7(1)(c) of Regulation No 207/2009.