Judgment — ECLI:EU:T:2016:620
Date: 2016-10-20
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 27 November 2015 – Clover Canyon v OHIM – Kaipa Sportswear (CLOVER CANYON) (Case T-693/15) Language in which the application was lodged: English Parties Applicant: Clover Canyon, Inc. (Los Angeles, United States) (represented by: T. Schmitz, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) Other party to the proceedings before the Board of Appeal: Kaipa Sportswear GmbH (Heilbronn, Germany) Details of the proceedings before OHIM Applicant: Applicant Trade mark at issue: International registration designating the European Union in respect of the word mark ‘CLOVER CANYON’ – Application for registration No 1 120 485 Procedure before OHIM: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of OHIM of 4 August 2015 in Case R 3018/2014-5 Form of order sought The applicant claims that the Court should: annul the contested decision; impose the costs of the application on the Defendant including the costs of the appeal proceedings; or impose the costs of the application on the other party to the proceedings before the Board of Appeal of OHIM including the costs of the appeal proceedings. Plea in law Infringement of Article 8(1)(b) Regulation No 207/2009. ____________