Source: EURLEX
Language: en
Format: md

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| 30.11.2013 | EN | Official Journal of the European Union | C 352/18 |

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Action brought on 23 September 2013 — AgriCapital v OHIM — agri.capital (AGRI.CAPITAL)

(Case T-514/13)

2013/C 352/34

Language in which the application was lodged: English

Parties

Applicant: AgriCapital Corp. (New York, United States) (represented by: P. Meyer and M. Gramsch, lawyers)

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

Other party to the proceedings before the Board of Appeal: agri.capital GmbH (Münster, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2013 given in Case R 2236/2012-2; |

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| — | Order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs of proceedings, as well as those incurred by the applicant. |

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘AGRI.CAPITAL’ for goods and services in Classes 4, 7, 35, 36, 37, 39, 40, 42 and 45 — Community trade mark application No 8 341 323

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

Mark or sign cited in opposition: Community trade mark registration No 6 192 322 for the word mark ‘AgriCapital’ for services in Class 36 and Community trade mark registration No 4 589 339 for the word mark ‘AGRICAPITAL’ for services in Class 36

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8 (1)(b) CTMR.

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