1.3.2014
EN
Official Journal of the European Union
C 61/14
Action brought on 24 December 2013 — TUI Deutschland GmbH v OHIM — Infinity Real Estate & Project Development (Sensimar)
(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.
Full & Egal Universal Law Academy