Action brought on 28 August 2014 – Dellmeier/OHMI – Dell (LEXDELL)

(Case T-641/14)

Language in which the application was lodged: English

Parties

Applicant: Alexandra Dellmeier (München, Germany) (represented by: J. Khöber, lawyer)

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

Other party to the proceedings before the Board of Appeal: Dell, Inc. (Round Rock, US)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal No R 0966/2013-2 of the Office for Harmonisation in the Internal Market dated 4 June 2014 regarding the opposition proceedings No B 1 698 2892 against Community Trademark Application No 008114779 “LEXDELL” and reject the opposition in its entirety.

Order the defendant to pay the costs incurred in the proceedings before the Court.

Set a date for an Oral Hearing for the case that findings of the Court are not possible without an Oral Hearing.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: The community word mark “LEXDELL” for goods and services in classes 16, 25, 41 and 45 – Community trade mark application No 8 114 779.

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal.

Mark or sign cited in opposition: Community figurative trade mark containing the verbal element “DELL” registered under the No 6 420 641.

Decision of the Opposition Division: Partially upheld the opposition.

Decision of the Board of Appeal: Rejected the appeal.

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Regulation No 207/2009.