Action brought on 2 March 2013 - Evonik Oil Additives v OHIM - BRB International (VISCOTECH)

(Case T-138/13)

Language in which the application was lodged: German

Parties

Applicant: Evonik Oil Additives GmbH (Darmstadt, Germany) (represented by: J. Albrecht, lawyer)

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

Other party to the proceedings before the Board of Appeal: BRB International BV (Ittervoort, Netherlands)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 December 2012 in Case R 907/2012-5;

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: BRB International BV

Community trade mark concerned: the word mark 'VISCOTECH' for goods in Classes 1 and 4

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

Mark or sign cited in opposition: the national and international word marks 'VISCOPLEX' for goods in Classes 1 and 4

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was upheld and the opposition was rejected

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

____________