do-me/EUR-LEX huggingface dataset:
Case T-30/16: Action brought on 26 January 2016 — M.I. Industries v OHIM — Natural Instinct (Natural Instinct Dog and Cat food as nature intended)
Date: 2016-01-26
Institutions: General Court
Subjects: EU trade mark, pet food, registered trade mark, trade-mark law








C_2016106EN.01004001.xml










21.3.2016   


EN


Official Journal of the European Union


C 106/40





Action brought on 26 January 2016 — M.I. Industries v OHIM — Natural Instinct (Natural Instinct Dog and Cat food as nature intended)
(Case T-30/16)
(2016/C 106/47)
Language in which the application was lodged: English

Parties


Applicant: M.I. Industries, Inc. (Lincoln, United States) (represented by: T. Elias, Barrister, B. Cookson, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Natural Instinct Ltd (Camberley, United Kingdom)

Details of the proceedings before OHIM


Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word elements ‘Natural Instinct Dog and Cat food as nature intended’ — Application for registration No 11 438 074

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 26 November 2015 in Case R 2944/2014-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


the applicant’s opposition No B 002 181 272 be upheld and NIL’s application No 11 438 074 be refused; alternatively, declare that the applicant has proved use its CTMs No 5 208 418 and No 5 208 201 for the purposes of the opposition No B 002 181 272, and remit the matter to the Fifth Board of Appeal for a determination of the issues arising in respect of each of those marks under Article 8(1)(b) CTMR; in the further alternative, remit the matter back to the Fifth Board of Appeal in its entirety;










—


order the defendant to pay to the applicant the applicant’s costs of and occasioned by this appeal.





Pleas in law







—


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










—


Infringement of Rule 22(3) and (4) of Regulation No 2868/95;










—


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










—


Infringement of Article 75 Regulation No 207/2009.
New national side of euro coins intended for circulation
Date: 2016-01-26
Institutions: European Commission
Subjects: Luxembourg, commemoration, euro, issuing of currency




C_2016028EN.01000301.xml










26.1.2016   


EN


Official Journal of the European Union


C 28/3





New national side of euro coins intended for circulation
(2016/C 28/04)



Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.


Issuing country
: Luxembourg


Subject of commemoration
: The 50th anniversary of the bridge ‘Grand Duchess Charlotte’


Description of the design
: The design shows the bridge ‘Grand Duchess Charlotte’ which is the main route connecting the city centre of Luxembourg to the urban quarter of Kirchberg, the site of the city’s European Union institutions. The text ‘Pont Grande-Duchesse Charlotte’ (Bridge Grand Duchess Charlotte) and underneath the year ‘1966’ are inscribed on the image of the bridge. At the top of the design are depicted the effigy of the Grand Duke Henri of Luxembourg and at its left the year of issuance ‘2016’. At the bottom appears the name of the issuing country ‘LUXEMBOURG’.
The coin’s outer ring depicts the 12 stars of the European flag.


Number of coins to be issued
: 


Date of issue
: February/March 2016


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Prior notification of a concentration (Case M.7824 — Vita Central Europe/Walmark) (Text with EEA relevance)
Date: 2016-01-26
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, pharmaceutical industry








C_2016028EN.01000601.xml










26.1.2016   


EN


Official Journal of the European Union


C 28/6





Prior notification of a concentration
(Case M.7824 — Vita Central Europe/Walmark)
(Text with EEA relevance)
(2016/C 28/07)






1.


On 18 January 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Vita Central Europe B.V. (‘Vita Central’, The Netherlands), belonging to the private equity group known as Mid Europa (‘Mid Europa’, United Kingdom), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Walmark, a.s. (‘Walmark’, Czech Republic), currently jointly controlled by Vita Central and Aternus, a.s. (‘Aternus’, Czech Republic), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   Mid Europa: private equity group which invests in a number of sectors, including healthcare, retail, business services, logistics, telecommunications and leisure in Central and Eastern Europe and Turkey. Mid Europa owns, amongst others, Zabka, a chain of convenience stores in Poland.
—   Vita Central: investment vehicle.
—   Walmark: is active in the field of the production and distribution of dietary supplements, over-the-counter (‘OTC’) pharmaceuticals and other related products, mainly in Central and Eastern Europe.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7824 — Vita Central Europe/Walmark, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).
Case T-37/16: Action brought on 26 January 2016 — Caffè Nero Group v OHIM (CAFFÈ NERO)
Date: 2016-01-26
Institutions: General Court
Subjects: EU trade mark, catering industry, coffee, registered trade mark, trade-mark law








C_2016106EN.01004202.xml










21.3.2016   


EN


Official Journal of the European Union


C 106/42





Action brought on 26 January 2016 — Caffè Nero Group v OHIM (CAFFÈ NERO)
(Case T-37/16)
(2016/C 106/50)
Language of the case: English

Parties


Applicant: Caffè Nero Group Ltd (London, United Kingdom) (represented by: L. Cassidy, Solicitor)

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

Details of the proceedings before OHIM


Trade mark at issue: Community figurative mark containing the word elements ‘CAFFÈ NERO’ — Application for registration No 13 436 175

Contested decision: Decision of the First Board of Appeal of OHIM of 6 November 2015 in Case R 954/2015-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


allow Community trade mark application No. 13436175 to proceed to registration;










—


waive the objections to the CTM Application under Articles 7(1)(b), (c) and (g) and Article 7(2);










—


allows the CTM Application to proceed to acceptance and advertisement for all covered goods and services;










—


order OHIM to pay the Applicant’s costs in this matter.





Pleas in law







—


Infringement of Article 7(1)(b), (c) and (g) Regulation No 207/2009;










—


Infringement of Article 7(2) of Regulation No 207/2009.