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Case T-100/14: Action brought on 12 February 2014 — Tecalan v OHIM (TECALAN)
ECLI:EU:UNKNOWN:62014TN0100
62014TN0100
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Official Journal of the European Union
C 112/51
(Case T-100/14)
2014/C 112/66
Language in which the application was lodged: German
Parties
Applicant: Tecalan GmbH (Grünberg, Germany) (represented by: S. Holthaus, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Ensinger GmbH (Nufringen, Germany)
Form of order sought
The applicant claims that the 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 11 December 2013 in Case R 2308/2012-1;
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Tecalan GmbH
Community trade mark concerned: Wordmark TECALAN for goods in Class 17 (Community trade mark registration No 6 203 285)
Proprietor of the mark or sign cited in the opposition proceedings: Ensinger GmbH
Mark or sign cited in opposition: Word mark TECADUR for goods in Class 17
Decision of the Opposition Division: Opposition upheld
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009