16.11.2015
EN
Official Journal of the European Union
C 381/51
Action brought on 17 September 2015 — Industrie Aeronautiche Reggiane v OHIM — Audi (NSU)
(Case T-541/15)
(2015/C 381/62)
Language in which the application was lodged: English
Parties
Applicant: Industrie Aeronautiche Reggiane Srl (Reggio Emilia, Italy) (represented by: M. Gurrado, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Audi AG (Ingolstadt, Germany)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community word mark ‘NSU’ — Application for registration No 9 593 492
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 6 July 2015 in Case R 2132/2014-2
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision and, as a result, the OHIM shall proceed with the registration of the application for CTM;
—
order AUDI to bear its own costs and pay those of the Applicant, also for the proceedings before the OHIM Opposition Division and the Board of Appeal.
Pleas in law
—
Audi failed to demonstrate genuine use of the earlier mark;
—
Existence of a difference between components and finished products;
—
Existence of a difference between bicycles and the goods indicated in the request of limitation dated 16 October 2014.
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