Action brought on 12 February 2014 – Tecalan v OHIM (TECALAN)

(Case T-100/14)

Language in which the application was lodged: German

Parties

Applicant: Tecalan GmbH (Grünberg, Germany) (represented by: S. Holthaus, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ensinger GmbH (Nufringen, Germany)

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 2308/2012-1;

order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Tecalan GmbH

Community trade mark concerned: Wordmark TECALAN for goods in Class 17 (Community trade mark registration No 6 203 285)

Proprietor of the mark or sign cited in the opposition proceedings: Ensinger GmbH

Mark or sign cited in opposition: Word mark TECADUR for goods in Class 17

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

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