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Case T-102/14: Action brought on 17 February 2014 — Deutsche Post AG v OHIM
ECLI:EU:UNKNOWN:62014TN0102
62014TN0102
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Official Journal of the European Union
C 112/53
(Case T-102/14)
2014/C 112/68
Language in which the application was lodged: German
Parties
Applicant: Deutsche Post AG (Bonn, Germany) (represented by: K. Hamacher and C. Giersdorf, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: PostNL Holding BV (Den Haag, Netherlands)
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 2108/2012 1;
—order the defendant and, as the case may be, the other party to the proceedings, to bear the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Deutsche Post AG
Community trade mark concerned: Word mark ‘TPG POST’ for goods and services in Classes 6, 9, 16, 20, 35, 38 and 39 (Community trade mark registration No 2 920 916)
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: National and Community word marks ‘DP’, ‘POST’ and ‘Deutsche Post’ for goods and services in Classes 9, 12, 14, 16, 25, 28, 35, 36, 38, 39 and 42
Decision of the Opposition Division: Opposition rejected
Decision of the Board of Appeal: Appeal dismissed
Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009