Action brought on 7 February 2014 – Infocit v OHIM – DIN (DINKOOL)

(Case T-85/14)

Language in which the application was lodged: English

Parties

Applicant: Infocit – Prestação de Serviços, Comércio e Indústria, Lda (Luanda, Angola) (represented by: A. Oliveira, lawyer)

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

Other party to the proceedings before the Board of Appeal: DIN – Deutsches Institut für Normung eV (Berlin, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 November 2013 given in Case R 1106/2012-2.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “DINKOOL” for goods in Classes 7, 9 and 11 – Community trade mark application No 9 768 061

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: International trade mark registration No 229 048 of the figurative mark containing the verbal element “DIN” for goods in Classes 1 to 34 and an earlier non-registered word mark “DIN” in Germany

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Granted the appeal, annulled the contested decision and rejected the contested Community trade mark application in its entirety

Pleas in law: Infringement of Articles 8(1)(b), 8(4) and 8(5) CTMR.