Judgment of the General Court of 3 December 2015 — TrekStor v OHIM (iDrive)
(Case T-105/14) 1
(Community trade mark — Opposition proceedings — Application for Community word mark iDrive — Prior German word mark IDRIVE — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: German
Parties
Applicant: TrekStor Ltd (Hong Kong, Hong Kong, China) (represented by: M. Alber and O. Spieker, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Scanlab AG (Puchheim, Germany) (represented by: P. Rath and W. Festl-Wietek, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 2 December 2013 (Case R 2330/2012-1) concerning opposition proceedings between Scanlab AG and TrekStor Ltd.
Operative part of the judgment
The Court:
1. Rejects the request to stay the proceedings lodged by TrekStor Ltd;
2. Dismisses the action;
3. Orders TrekStor Ltd to pay the costs.
____________1 OJ C 112, 14.4.2014.