# C_2014351EN.01002102.xml

| 6.10.2014 | EN | Official Journal of the European Union | C 351/21 |
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6.10.2014

EN

Official Journal of the European Union

C 351/21

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Action brought on 4 August 2014 — Giand v OHIM — Flamagas (FLAMINAIRE)

(Case T-583/14)

2014/C 351/27

Language in which the application was lodged: Italian

Parties

Parties

Applicant: Giand Srl (Rimini, Italy) (represented by: F. Caricato, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Flamagas, SA (Barcelona, Spain)

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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 June 2014 in Case R 2117/2011-4, finding that there is no likelihood of confusion between the marks referred to below; |
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 June 2014 in Case R 2117/2011-4, finding that there is no likelihood of confusion between the marks referred to below;

| — | Refer the case back to OHIM so it can amend the decision on the substance of the case and register Community Trade Mark No 8 6 80  746 in respect of all the goods covered, without prejudice to those which are uncontested; |
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Refer the case back to OHIM so it can amend the decision on the substance of the case and register Community Trade Mark No 8 6 80  746 in respect of all the goods covered, without prejudice to those which are uncontested;

| — | Order OHIM to pay the costs of proceedings before the Opposition Division, Board of Appeal and General Court. |
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Order OHIM to pay the costs of proceedings before the Opposition Division, Board of Appeal and General Court.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Giand Srl

Applicant for a Community trade mark:

Community trade mark concerned: the word mark ‘FLAMINAIRE’ for goods in Classes 16 and 34 — Community Trade Mark application No 8 6 80  746

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Flamagas, SA

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

Mark or sign cited in opposition: national and international word marks for goods in Classes 16 and 34

Mark or sign cited in opposition:

Decision of the Opposition Division: opposition rejected in part

Decision of the Opposition Division:

Decision of the Board of Appeal: appeal dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Breach of the principle of ne bis in idem; |
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Breach of the principle of ne bis in idem;

ne bis in idem

| — | Incorrect assessment of the likelihood of confusion; |
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Incorrect assessment of the likelihood of confusion;

| — | Incorrect assessment of the evidence. |
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Incorrect assessment of the evidence.

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