27.10.2014
EN
Official Journal of the European Union
C 380/18
Action brought on 28 August 2014 — Dellmeier/OHMI — Dell (LEXDELL)
(Case T-641/14)
2014/C 380/24
Language in which the application was lodged: English
Parties
Applicant: Alexandra Dellmeier (München, Germany) (represented by: J. Khöber, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Dell, Inc. (Round Rock, US)
Form of order sought
The applicant claims that the Court should:
—
Annul the decision of the Second Board of Appeal No R 0966/2013-2 of the Office for Harmonisation in the Internal Market dated 4 June 2014 regarding the opposition proceedings No B 1 698 2892 against Community Trademark Application No 008114779 ‘LEXDELL’ and reject the opposition in its entirety.
—
Order the defendant to pay the costs incurred in the proceedings before the Court.
—
Set a date for an Oral Hearing for the case that findings of the Court are not possible without an Oral Hearing.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: The community word mark ‘LEXDELL’ for goods and services in classes 16, 25, 41 and 45 — Community trade mark application No 8 1 14 779.
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal.
Mark or sign cited in opposition: Community figurative trade mark containing the verbal element ‘DELL’ registered under the No 6 4 20 641.
Decision of the Opposition Division: Partially upheld the opposition.
Decision of the Board of Appeal: Rejected the appeal.
Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Regulation No 207/2009.
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