Action brought on 25 November 2013 – The Tea Board v OHIM – Delta Lingerie (DARJEELING collection de lingerie)

(Case T-626/13)

Language in which the application was lodged: English

Parties

Applicant: The Tea Board (Calcutta, India) (represented by: A. Nordemann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Delta Lingerie (Cachan, France)

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 17 September 2013 given in Case R 1501/2012-2;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark containing the verbal elements “Darjeeling collection de lingerie” for Classes 25, 35 and 38 – the Community trade mark application No 9 468 463

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community collective trade mark registration No 4 325 718 of the word mark “DARJEELING” for goods in Class 30; Community collective trade mark registration No 8 674 327 of the figurative mark containing the verbal element “DARJEELING”

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

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