Judgment of the General Court of 2 October 2015 — The Tea Board v OHIM — Delta Lingerie (DARJEELING collection de lingerie)
(Case T-626/13) 1
(Community trade mark — Opposition proceedings — Figurative mark Darjeeling collection de lingerie — Earlier Community collective word and figurative marks DARJEELING — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: The Tea Board (Calcutta, India) (represented by: A. Nordemann and M. Maier, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Palmero Cabezas, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Delta Lingerie (Cachan, France) (represented by: G. Marchais and P. Martini-Berthon, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 September 2013 (Case R 1501/2012-2) concerning opposition proceedings between The Tea Board and Delta Lingerie.
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 September 2013 (Case R 1501/2012-2) as regards the goods in Class 25 of the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks of 15 June 1957, as revised and amended, and the ‘[r]etailing of women’s underwear and lingerie, perfumes, toilet water and cosmetic lotions, household and bath linen’ services in Class 35 of that agreement covered by the mark applied for;
Dismisses the action as to the remainder;
Orders each party to bear its own costs.
____________1 OJ C 45, 15.2.2014.