1. 

Community trade mark — Appeals procedure — Action before the EU judicature — Claim appearing in the application and seeking to demonstrate genuine use of the earlier mark — Inadmissibility (Rules of Procedure of the General Court, Art. 135(4); Council Regulation No 207/2009, Arts 42(2), 65(2), and 76) (see paras 17-19)

2. 

Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Arts 44(1)(c), 130(1), and 132(1)) (see paras 22-24)

3. 

Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 31, 33, 58)

4. 

Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word mark DINKOOL and figurative mark DIN (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 34, 35, 59, 60)

1. 

Dismisses the action;

2. 

Orders Infocit — Prestação de Serviços, Comércio Geral e Indústria, Lda, to bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. 

Orders DIN — Deutsches Institut für Normung eV to bear its own costs.