Action brought on 3 November 2014 – Alpha Calcit v OHIM – Materis Paints Italia (CALCILITE)

(Case T-742/14)

Language in which the application was lodged: English

Parties

Applicant: Alpha Calcit Füllstoffgesellschaft mbH (Cologne, Germany) (represented by: F. Hauck, lawyer)

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

Other party to the proceedings before the Board of Appeal: Materis Paints Italia SpA (Novate Milanese, Italy)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: The other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark ‘Calcilite’ – Community trade mark No 5 074 745

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 4 September 2014 in Case R 753/2013-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision with regard to the following goods : paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins (class 2); pargets (class 19);

order OHIM to pay the costs.

Pleas in law

Infringement of Articles 53(1)(a) and 8(1)(b) of Regulation No 207/2009.