# C_2015328EN.01001401.xml

| 5.10.2015 | EN | Official Journal of the European Union | C 328/14 |
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5.10.2015

EN

Official Journal of the European Union

C 328/14

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Action brought on 28 July 2015 — Gappol Marzena Porczyńska v OHIM — GAP (ITM) (GAPPoL)

(Case T-411/15)

(2015/C 328/13)

Language in which the application was lodged: Polish

Parties

Parties

Applicant: PP Gappol Marzena Porczyńska (Łódź, Poland) (represented by: J. Gwiazdowska, lawyer)

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: GAP (ITM), Inc. (San Francisco, United States of America)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant for the Community trade mark: The applicant

Applicant for the Community trade mark:

Trade mark at issue: Community figurative mark containing the word element ‘GAPPoL’ — Application No 8 346 165

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM:

Contested decision: Decision of the First Board of Appeal of OHIM of 13 May 2015 in Case R 686/2013-1

Contested decision:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | set aside the contested decision; |
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set aside the contested decision;

| — | give a final decision by amending the decision of the Board of Appeal by rejecting the opposition also in regard to the goods in Classes 20 and 25; |
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give a final decision by amending the decision of the Board of Appeal by rejecting the opposition also in regard to the goods in Classes 20 and 25;

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

Pleas in law

Pleas in law

| — | Infringement of Articles 59 and 64(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) (‘Regulation No 207/2009’); |
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Infringement of Articles 59 and 64(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) (‘Regulation No 207/2009’);

| — | Infringement of Article 75 of Regulation No 207/2009 and of Rule 50(2)(h) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1) (‘Regulation No 2868/95’); |
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Infringement of Article 75 of Regulation No 207/2009 and of Rule 50(2)(h) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1) (‘Regulation No 2868/95’);

| — | Infringement of Article 76 of Regulation No 207/2009 and of Rule 50(2)(g) of Regulation No 2868/95; |
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Infringement of Article 76 of Regulation No 207/2009 and of Rule 50(2)(g) of Regulation No 2868/95;

| — | 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;

| — | Infringement of Articles 8(5) and 9(1)(c) of Regulation No 207/2009. |
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Infringement of Articles 8(5) and 9(1)(c) of Regulation No 207/2009.

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