Action brought on 20 January 2014 – Sales & Solutions v OHIM – Wattline (WATTLINE)

(Case T-46/14)

Language in which the application was lodged: German

Parties

Applicant: Sales & Solutions GmbH (Frankfurt am Main, Germany) (represented by: K. Gründig-Schnelle, lawyer)

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

Other party to the proceedings before the Board of Appeal: Wattline GmbH (Ruderting, Germany)

Form of order sought

The applicant claims that the Court should:

Alter the contested decision of the Fourth Board of Appeal of OHIM of 18 November 2013 in Case R 1668/2012-4 to the effect that the opposition is upheld in its entirety and the application for the Community trade mark is rejected;

Order the intervener to pay the costs including those incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: Wattline GmbH

Community trade mark concerned: the word mark ‘WATTLINE’ for services in Classes 35, 36 and 42 – Community trade mark application No 8 908 345

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

Mark or sign cited in opposition: the German word and figurative mark and the Community word and figurative mark ‘Watt’ for services in Classes 35, 39 and 42

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the contested decision was annulled and the opposition was rejected

Pleas in law: Infringement of Article 8(1)(b) and (4) of Regulation (EC) No 207/2009 and infringement of Rule 20(7)(c) and Rule 50 of Commission Regulation (EC) No 2868/95