Action brought on 23 August 2011 - Dectane v OHIM - Hella (DAYLINE)

(Case T-463/11)

Language in which the application was lodged: German

Parties

Applicant: Dectane GmbH (Leipzig, Germany) (represented by: P. Ehrlinger and T. Hagen, lawyers)

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

Other party to the proceedings before the Board of Appeal: Hella KGaA Hueck & Co. (Lippstadt, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the contested decision of the First Board of Appeal of OHIM of 15 June 2011;

Order the intervener to pay the costs including those incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark 'DAYLINE' for goods in Class 11 - application No 7 070 238.

Proprietor of the mark or sign cited in the opposition proceedings: Hella KGaA Hueck & Co.

Mark or sign cited in opposition: the national word mark 'Ledayline' for goods in Class 11.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Annulment of the Opposition Division's decision and refusal to register the mark as a Community trade mark.

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue.

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