30.11.2013
EN
Official Journal of the European Union
C 352/21
Action brought on 20 September 2013 — Euromed v OHIM — DC Druck-Chemie (EUROSIL)
(Case T-523/13)
2013/C 352/39
Language in which the application was lodged: English
Parties
Applicant: Euromed, SA (Mollet del Vallès, Spain) (represented by: E. Sugrañes Coca, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: DC Druck-Chemie GmbH (Ammerbuch-Altingen, Germany)
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 27 June 2013 given in Case R 1854/2012-1; and
—
Order the defendant to pay the costs of proceedings.
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 ‘EUROSIL’ for goods in Class 1 — Community trade mark application No 8 558 751
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The word mark ‘EUROSIL-85’ for goods in Class 5 — Community registration No 6 140 099 and the word mark ‘EUROSIL-85’ for goods in Class 5 — Spanish registration No 2 785 209
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 Article 8(1)(b) CTMR.
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