Action brought on 17 September 2015 – Industrie Aeronautiche Reggiane v OHIM – Audi (NSU)

(Case T-541/15)

Language in which the application was lodged: English

Parties

Applicant: Industrie Aeronautiche Reggiane Srl (Reggio Emilia, Italy) (represented by: M. Gurrado, lawyer)

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

Other party to the proceedings before the Board of Appeal: Audi AG (Ingolstadt, Germany)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community word mark ‘NSU’ – Application for registration No 9 593 492

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 6 July 2015 in Case R 2132/2014-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision and, as a result, the OHIM shall proceed with the registration of the application for CTM;

order AUDI to bear its own costs and pay those of the Applicant, also for the proceedings before the OHIM Opposition Division and the Board of Appeal.

Pleas in law

Audi failed to demonstrate genuine use of the earlier mark;

Existence of a difference between components and finished products;

Existence of a difference between bicycles and the goods indicated in the request of limitation dated 16 October 2014.

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