# C_2014372EN.01001801.xml

| 20.10.2014 | EN | Official Journal of the European Union | C 372/18 |
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20.10.2014

EN

Official Journal of the European Union

C 372/18

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Action brought on 1 August 2014 — Group OOD v OHIM — Kosta Iliev (GROUP Company TOURISM & TRAVEL)

(Case T-567/14)

2014/C 372/23

Language of the case: Bulgarian

Parties

Parties

Applicant: Group OOD (Sofia, Bulgaria) (represented by: Dragia Dragiev and Andrey Andreev, 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: Kosta Iliev (Sofia, Bulgaria) (represented by: Zlatarevi Patent and Trade Mark Bureau)

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 Decision R 1587/2013-4 of the Fourth Board of Appeal of OHIM of 2 June 2014 on the basis of Article 65(3) of Regulation (EC) No 207/2009; |
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annul Decision R 1587/2013-4 of the Fourth Board of Appeal of OHIM of 2 June 2014 on the basis of Article 65(3) of Regulation (EC) No 207/2009;

| — | order OHIM and, in the case of its intervention in the proceedings before the Court, the party concerned to pay the costs. |
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order OHIM and, in the case of its intervention in the proceedings before the Court, the party concerned to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Kosta Iliev.

Applicant for a Community trade mark:

Community trade mark concerned: The figurative Community trade mark with the word elements ‘GROUP Company TOURISM & TRAVEL’ for goods and services in classes 35, 39 and 43.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Group OOD.

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

Mark or sign cited in opposition: unregistered trade mark comprising substantive rights over a sign with the word elements ‘Group company’.

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejected the opposition.

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal as unfounded.

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 76(1) of Regulation (EC) No 207/2009 (the content of the Bulgarian law was incorrectly examined of the Board’s own motion); |
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Infringement of Article 76(1) of Regulation (EC) No 207/2009 (the content of the Bulgarian law was incorrectly examined of the Board’s own motion);

| — | Infringement of Article 76(2) of Regulation (EC) No 207/2009 (there was no comprehensive and correct evaluation of the evidence submitted); |
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Infringement of Article 76(2) of Regulation (EC) No 207/2009 (there was no comprehensive and correct evaluation of the evidence submitted);

| — | Infringement of Article 8(4) of Regulation (EC) No 207/2009 (the evidence submitted and legal arguments were not examined in relation to the conditions laid down in that provision). |
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Infringement of Article 8(4) of Regulation (EC) No 207/2009 (the evidence submitted and legal arguments were not examined in relation to the conditions laid down in that provision).

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