Action brought on 24 February 2014 – Tilda Riceland Private v OHIM – Siam Grains (BASMALI LONG GRAIN RICE RIZ LONG DE LUXE)

(Case T-136/14)

Language in which the application was lodged: English

Parties

Applicant: Tilda Riceland Private Ltd (Gurgaon, India) (represented by: S. Malynicz, Barrister, N. Urwin and D. Sills, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Siam Grains Co. Ltd (Bangkok, Thailand)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 December 2013 given in Case R 1086/2012-4;

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 in black and white containing the verbal elements “BASMALI LONG GRAIN RICE RIZ LONG DE LUXE” for goods in Class 30 – Community trade mark application No 3 520 641

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

Mark or sign cited in opposition: The earlier non-registered trade mark and the earlier sign ‘used in the course of trade designating a class of goods’ “BASMATI” used in the United Kingdom in relation to ‘rice’

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(4) CTMR.