Action brought on 17 February 2014 – Deutsche Post AG v OHIM

(Case T-102/14)

Language in which the application was lodged: German

Parties

Applicant: Deutsche Post AG (Bonn, Germany) (represented by: K. Hamacher and C. Giersdorf, lawyers)

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

Other party to the proceedings before the Board of Appeal: PostNL Holding BV (Den Haag, Netherlands)

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 11 December 2013 in Case R 2108/2012 1;

order the defendant and, as the case may be, the other party to the proceedings, to bear the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Deutsche Post AG

Community trade mark concerned: Word mark ‘TPG POST’ for goods and services in Classes 6, 9, 16, 20, 35, 38 and 39 (Community trade mark registration No 2 920 916)

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

Mark or sign cited in opposition: National and Community word marks ‘DP’, ‘POST’ and ‘Deutsche Post’ for goods and services in Classes 9, 12, 14, 16, 25, 28, 35, 36, 38, 39 and 42

Decision of the Opposition Division: Opposition rejected

Decision of the Board of Appeal: Appeal dismissed

Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009