Source: EURLEX
Language: en
Format: md

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| 16.11.2015 | EN | Official Journal of the European Union | C 381/48 |

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Action brought on 8 September 2015 — Bimbo v OHIM — Globo (Bimbo)

(Case T-528/15)

(2015/C 381/59)

Language in which the application was lodged: English

Parties

Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other party to the proceedings before the Board of Appeal: Globo SpA Servizi Commerciali (Illasi, Italy)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word element ‘Bimbo’ — Application for registration No 10 028 405

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 7 July 2015 in Joined Cases R 2512/2013-4 and R 2549/2013-4

Form of order sought

The applicant claims that the Court should:

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| — | modify the contested decision in accordance with Article 65.3 CTMR, rejecting the CTM Application no 10 028 405 in class 28; |

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| — | subsidiarity and only in the case the above claim would be rejected, annul the contested decision |

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| — | order the defendants to pay the costs, as stated in article 134 of the Rules of Procedure of the General Court (former 87.2). |

Pleas in law

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| — | Infringement of Rule 19(1) (2) (3) and Rule 20(1) of the Regulation No 2868/95; |

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| — | Infringement of Article 64(1) of the Regulation No 207/2009 and related case-law; |

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| — | Infringement of Article 43(2) and (3) of the Regulation No 207/2009; |

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

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| — | Infringement of Article 8(5) of the Regulation No 207/2009. |

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