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Case T-26/13: Action brought on 18 January 2013 — dm-drogerie markt/OHIM — Semtee (CALDEA)
ECLI:EU:UNKNOWN:62013TN0026
62013TN0026
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Valentina R., lawyer
23.3.2013
EN
Official Journal of the European Union
C 86/20
(Case T-26/13)
2013/C 86/33
Language in which the application was lodged: English
Parties
Applicant: dm-drogerie markt GmbH & Co. KG (Karlsruhe, Germany) (represented by: O. Bludovsky and B. Beinert, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Semtee (Escaldes Engornay, Andorra)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fits Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Design) of 10 October 2012 (Appeal relating to Opposition Proceedings No R 2432/2011-1) and, by the way of correction, delete the applicant’s trademark;
—Alternatively annul the decision of the Fits Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Design) of 10 October 2012 (Appeal relating to Opposition Proceedings No R 2432/2011-1) and, to remit the case to the Office for Harmonisation;
—Alternatively annul the decision of the Fits Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Design) of 10 October 2012 (Appeal relating to Opposition Proceedings No R 2432/2011-1).
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The word mark ‘CALDEA’, for goods and services in classes 3, 35, 37, 42, 44 and 45 — Community trade mark application No 9 264 433
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: International registration with effect inter alia in the European Union No 894 004 for goods in classes 3, 5 and 8
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and (5) of Council Regulation No 207/2009.