# C_2014261EN.01003902.xml

| 11.8.2014 | EN | Official Journal of the European Union | C 261/39 |
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11.8.2014

EN

Official Journal of the European Union

C 261/39

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Action brought on 4 June 2014 — Premo v OHIM — Prema Semiconductor (PREMO)

(Case T-400/14)

2014/C 261/65

Language in which the application was lodged: English

Parties

Parties

Applicant: Premo, SL (Campanillas, Spain) (represented by: E. Cornu, F. de Visscher and E. De Gryse, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Prema Semiconductor GmbH (Mainz, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 April 2014 in Case R 1000/2013-5; |
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Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 April 2014 in Case R 1000/2013-5;

| — | Subsidiarily, annul the contested decision to the extent that it upheld the opposition regarding ‘inductors’, ‘transformers’ and ‘noise filters’; |
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Subsidiarily, annul the contested decision to the extent that it upheld the opposition regarding ‘inductors’, ‘transformers’ and ‘noise filters’;

| — | Order OHIM, and if appropriate the intervening party, to pay the costs. |
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Order OHIM, and if appropriate the intervening party, to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: The international registration designating the European Union for the figurative mark containing the word element ‘PREMO’, for goods in Class 9 — International registration designating the European Union No 973 341

Community trade mark concerned:

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

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

Mark or sign cited in opposition: The national word mark ‘PREMA’ for goods in Class 9

Mark or sign cited in opposition:

Decision of the Opposition Division: The opposition was partially upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: The appeal was partially dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Rule 22(6) of Commission Regulation No. 2868/95 and the rights of defence of the applicant; |
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Infringement of Rule 22(6) of Commission Regulation No. 2868/95 and the rights of defence of the applicant;

| — | Infringement of Article 42(2) and (3) of Regulation No 207/2009; |
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Infringement of Article 42(2) and (3) of Regulation No 207/2009;

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
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Infringement of Article 8(1)(b) of Regulation No 207/2009.

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