Action brought on 20 September 2013 – Euromed v OHIM – DC Druck-Chemie (EUROSIL)

(Case T-524/13)

Language in which the application was lodged: English

Parties

Applicant: Euromed, SA (Mollet del Vallès, Spain) (represented by: E. Sugrañes Coca, lawyer)

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

Other party to the proceedings before the Board of Appeal: DC Druck-Chemie GmbH (Ammerbuch-Altingen, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 June 2013 given in Case R 1829/2012-1; and

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 word mark “EUROSIL” for certain goods in Class 1 – Community trade mark application No 8 540 049

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

Mark or sign cited in opposition: The word mark “EUROSIL-85” for goods in Class 5 – Community registration No 6 140 099 and the word mark “EUROSIL-85” for goods in Class 5 – Spanish registration No 2 785 209

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 (1)(b) CTMR.