25.1.2016 |
EN |
Official Journal of the European Union |
C 27/63 |
Action brought on 29 October 2015 — Repsol v OHIM — Basic (BASIC)
(Case T-609/15)
(2016/C 027/81)
Language in which the application was lodged: English
Parties
Applicant: Repsol, SA (Madrid, Spain) (represented by: J. Devaureix, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Basic AG Lebensmittelhandel (München, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘BASIC’– Community trade mark No 5 648 159
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 11 August 2015 in Case R 2384/2013-1
Form of order sought
The applicant claims that the Court should:
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admit this writ of claim, with all the documents annexed, and the correspondent copies; |
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admit all the evidences attached to this writ; |
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annul the contested decision; |
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order the Applicant to bear the costs of the proceedings. |
Plea(s) in law
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The Board of appeal has incorrectly assessed the evidence submitted by Basic AG as to its genuine use of a company names ‘Basic AG’ and ‘Basic’ use in the course of trade in Germany; |
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The contested decision is incorrectly based on article 8(4) of Regulation No 207/2009, in relation to Article 53 (1) (c), as far as between the marks ‘basic’ figuratives there is no likelihood of confusion. The term basic is lack of distinctiveness; |
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The exceptional protection of the German Trademark Law regarding non registered trade names has to be interpreted restrictively, according to Rome Treaty, 23 March 1957 and Community case law. |