Action brought on 24 February 2014 — Tilda Riceland Private v OHIM — Siam Grains (BASMALI LONG GRAIN RICE RIZ LONG DE LUXE)

(Case T-136/14)

2014/C 135/71

Language in which the application was lodged: English

Parties

Applicant: Tilda Riceland Private Ltd (Gurgaon, India) (represented by: S. Malynicz, Barrister, N. Urwin and D. Sills, Solicitors)

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

Other party to the proceedings before the Board of Appeal: Siam Grains Co. Ltd (Bangkok, Thailand)

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark in black and white containing the verbal elements ‘BASMALI LONG GRAIN RICE RIZ LONG DE LUXE’ for goods in Class 30 — Community trade mark application No 3 520 641

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The earlier non-registered trade mark and the earlier sign ‘used in the course of trade designating a class of goods’‘BASMATI’ used in the United Kingdom in relation to ‘rice’

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(4) CTMR.