# C_2015363EN.01004202.xml

| 3.11.2015 | EN | Official Journal of the European Union | C 363/42 |
| --- | --- | --- | --- |

3.11.2015

EN

Official Journal of the European Union

C 363/42

---

Action brought on 4 September 2015 — myToys.de v OHIM — Laboratorios Indas (myBaby)

(Case T-519/15)

(2015/C 363/52)

Language in which the application was lodged: English

Parties

Parties

Applicant: myToys.de GmbH (Berlin, Germany) (represented by: C. Hauss-Löhde and M. Mette, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Laboratorios Indas, SA (Pozuelo de Alarcon, Spain)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Applicant

Applicant of the trade mark at issue:

Trade mark at issue: Community figurative mark containing the word elements ‘myBaby’ — Application for registration No 10 846 426

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM

Contested decision: Decision of the Second Board of Appeal of OHIM of 17 June 2015 in Case R 1002/2014-2

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | set aside the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 17 June 2015 in the appeal proceedings R 1002/2014-2; |
| --- | --- |

—

set aside the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 17 June 2015 in the appeal proceedings R 1002/2014-2;

| — | dismiss the opposition in its entirety; |
| --- | --- |

—

dismiss the opposition in its entirety;

| — | revoke the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 21 May 2015 in appeal proceedings R 1137/2014-2; |
| --- | --- |

—

revoke the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 21 May 2015 in appeal proceedings R 1137/2014-2;

| — | order OHIM to pay the costs of the proceedings. |
| --- | --- |

—

order OHIM to pay the costs of the proceedings.

Pleas in law

Pleas in law

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

—

Infringement of Article 42(2) of Regulation No 207/2009;

| — | Infringement of Article 15(1)(a) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 15(1)(a) of Regulation No 207/2009;

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

—

Infringement of Article 8(1)(b) of Regulation No 207/2009;

| — | Infringement of Article 7(1) of Regulation No 216/96 of 5 February 1996, laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs). |
| --- | --- |

—

Infringement of Article 7(1) of Regulation No 216/96 of 5 February 1996, laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs).

---