Action brought on 22 November 2013 – easyGroup IP Licensing v OHIM - TUI (easyAir-tours)

(Case T-608/13)

Language in which the application was lodged: English

Parties

Applicant: easyGroup IP Licensing Ltd (London, United Kingdom) (represented by: J. Day, Solicitor)

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

Other party to the proceedings before the Board of Appeal: TUI AG (Hannover, 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 5 September 2013 given in Case R 1029/2012-1;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the verbal elements “easyAir-tours” for goods and services in Classes 16, 36, 39 and 43 – Community trade mark application No 9 220 849

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

Mark or sign cited in opposition: International trade mark registrations designating the European Union, Community trade mark registration and national trade mark registration of a figurative mark containing inter alia the verbal element “airtours”

Decision of the Opposition Division: Rejected the Community trade mark application in part

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.