Official Journal of the European Union

C 61/14

(Case T-706/13)

2014/C 61/25

Language in which the application was lodged: German

Parties

Applicant: TUI Deutschland GmbH (Hanover, Germany) (represented by: D. von Schultz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Infinity Real Estate & Project Development GmbH (Rantum/Sylt, Germany)

Form of order sought

The applicant claims that the General 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 17 October 2013 in Case R 1476/2012-1;

—reject the opposition to the applicant’s Community trade mark registration No 7 212 889;

—order OHIM to pay the costs relating to the cancellation proceedings, the appeal proceedings and this action before the General Court.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: The word mark ‘Sensimar’ for goods and services in Classes 16, 25, 35 and 44 — Community trade mark application No 7 212 889

Proprietor of the mark or sign cited in the opposition proceedings: Infinity Real Estate & Project Development GmbH

Mark or sign cited in opposition: National word marks ‘SANSIBAR’ for goods and services in Classes 16, 25, 35 and 44

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(2) in conjunction with Article 8(1)(b) of Regulation No 207/2009.