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Case T-720/13: Action brought on 30 December 2013 — Gat Microencapsulation/OHMI — BASF (KARIS)
ECLI:EU:UNKNOWN:62013TN0720
62013TN0720
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8.3.2014
Official Journal of the European Union
C 71/24
(Case T-720/13)
(2014/C 71/45)
Language in which the application was lodged: English
Parties
Applicant: Gat Microencapsulation AG (Ebenfurth, Austria) (represented by: S. Soler Lerma and M. C. March Cabrelles, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: BASF SE (Ludwigshafen am Rhein, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision insofar appeal submitted by the appellant/applicant was rejected;
—Order OHIM and the interveners to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Gat Microencapsulation AG
Community trade mark concerned: The word mark ‘KARIS’, for a list of goods and services in Classes 1, 5 and 35
Proprietor of the mark or sign cited in the opposition proceedings: BASF SE
Mark or sign cited in opposition: Community trade mark ‘CARYX’, for goods in classes 1 and 5; international trade mark ‘CARYX’, for goods in classes 1 and 5; Hungarian, Italian and Benelux trade mark ‘AKRIS’, for goods in class 5
Decision of the Opposition Division: Rejection of the Community trade mark application
Decision of the Board of Appeal: Partial rejection of the opposition
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009