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.