Action brought on 8 April 2013 – DTM Ricambi v OHIM – Star (STAR)

(Case T-199/13)

Language in which the application was lodged: Italian

Parties

Applicant: DTM Ricambi Srl (Bologna, Italy) (represented by: V. Catelli, lawyer)

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

Other party to the proceedings before the Board of Appeal: Star SpA (Lodi, Italy)

Form of order sought

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of 24 January 2013 in Case R 124/2012-1 and grant registration of the Community mark ‘STAR’, filed with No 5878038, in Classes 7, 9 and 12;

order Star to bear its own costs and to pay those of the applicant, including those relating to the proceedings before the Opposition Division and the Board of Appeal of OHIM.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark containing the word element ‘STAR’ for goods in Classes 7, 9 and 12

Proprietor of the mark or sign cited in the opposition proceedings: Star

Mark or sign cited in opposition: Community figurative mark containing the word element ‘STAR’ for goods in Class 39, national and international figurative marks containing the word elements ‘STAR LODI’ for goods and services in Classes 12, 38, 39 and 42

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

No likelihood of confusion

Dilution of the earlier mark