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Case T-105/14: Action brought on 12 February 2014 — TrekStor v OHIM — Scanlab (iDrive)
ECLI:EU:UNKNOWN:62014TN0105
62014TN0105
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Official Journal of the European Union
C 112/54
(Case T-105/14)
2014/C 112/70
Language in which the application was lodged: German
Parties
Applicant: TrekStor Ltd (Hong Kong, Hong Kong) (represented by: M. Alber, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Scanlab AG (Puchheim, Germany)
Form of order sought
The applicant claims that the Court should:
—Alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 December 2013 in Case R 2330/2012-1 to the effect that the mark ‘iDrive’ is allowed to proceed to registration in its entirety and that the opposing party’s opposition is rejected;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘iDrive’ for goods in Class 9 (Community trade mark application No 10 267 573)
Proprietor of the mark or sign cited in the opposition proceedings: Scanlab AG
Mark or sign cited in opposition: the national word mark ‘IDRIVE’ for goods and services in Classes 9 and 42
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) in conjunction with Article [42](5) of Regulation No 207/2009