Action brought on 30 December 2013 – Gat Microencapsulation/OHMI – BASF (KARIS)

(Case T-720/13)

Language in which the application was lodged: English

Parties

Applicant: Gat Microencapsulation AG (Ebenfurth, Austria) (represented by: S. Soler Lerma and M. C. March Cabrelles, lawyers)

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

Other party to the proceedings before the Board of Appeal: BASF SE (Ludwigshafen am Rhein, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the contested decision insofar appeal submitted by the appellant/applicant was rejected;

Order OHIM and the interveners to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Gat Microencapsulation AG

Community trade mark concerned: The word mark “KARIS”, for a list of goods and services in Classes 1, 5 and 35

Proprietor of the mark or sign cited in the opposition proceedings: BASF SE

Mark or sign cited in opposition: Community trade mark “CARYX”, for goods in classes 1 and 5; international trade mark “CARYX”, for goods in classes 1 and 5; Hungarian, Italian and Benelux trade mark “AKRIS”, for goods in class 5

Decision of the Opposition Division: Rejection of the Community trade mark application

Decision of the Board of Appeal: Partial rejection of the opposition

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009