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Case T-463/11: Action brought on 23 August 2011 — Dectane v OHIM — Hella (DAYLINE)
ECLI:EU:UNKNOWN:62011TN0463
62011TN0463
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8.10.2011
EN
Official Journal of the European Union
C 298/28
(Case T-463/11)
2011/C 298/53
Language in which the application was lodged: German
Parties
Applicant: Dectane GmbH (Leipzig, Germany) (represented by: P. Ehrlinger and T. Hagen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Hella KGaA Hueck & Co. (Lippstadt, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision of the First Board of Appeal of OHIM of 15 June 2011;
—Order the intervener to pay the costs including those incurred in the course of the appeal proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant.
Community trade mark concerned: the word mark ‘DAYLINE’ for goods in Class 11 — application No 7 070 238.
Proprietor of the mark or sign cited in the opposition proceedings: Hella KGaA Hueck & Co.
Mark or sign cited in opposition: the national word mark ‘Ledayline’ for goods in Class 11.
Decision of the Opposition Division: Rejection of the opposition.
Decision of the Board of Appeal: Annulment of the Opposition Division’s decision and refusal to register the mark as a Community trade mark.
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue.