Action brought on 18 November 2013 – Calida v OHIM – Quanzhou Green Garments (dadida)

(Case T-597/13)

Language in which the application was lodged: English

Parties

Applicant: Calida Holding AG (Sursee, Switzerland) (represented by: R. Kaase and H. Dirksmeier, lawyers)

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

Other party to the proceedings before the Board of Appeal: Quanzhou Green Garments Co. Ltd (Quanzhou, China)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 September 2013 given in Case R 1190/2012-4;

Order the defendant to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: International registration with effect in the European Union No 979 903 for the figurative mark containing the verbal element “dadida” for goods in Class 25

Proprietor of the Community trade mark: The other party before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: Relative grounds pursuant to Article 53(1)(a) in conjunction with Article 8(1)(b) CTMR

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.