Source: EURLEX
Language: en
Format: md

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| 20.7.2015 | EN | Official Journal of the European Union | C 236/45 |

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Action brought on 18 May 2015 — Grupo Bimbo v OHIM (Shape of bars with four circles)

(Case T-240/15)

(2015/C 236/60)

Language of the case: Spanish

Parties

Applicant: Grupo Bimbo, SAB de CV (Mexico City, Mexico) (represented by: N. Fernández Fernández-Pacheco, lawyer)

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

Details of the proceedings before OHIM

Trade mark at issue: Three-dimensional Community trade mark (Shape of bars with four circles) — Application for registration No 12 551 867

Contested decision: Decision of the First Board of Appeal of OHIM of 2 March 2015 in Case R 1602/2014-1

Forms of order sought

The applicant claims that the Court should:

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| — | annul the contested decision because it is unlawful and infringes the legal provisions in force concerning the Community trade mark; deliver a judgment in accordance with the claims set out in the application on the basis of the sufficient intrinsic distinctiveness of the three-dimensional mark applied for; order the registration of the application for a three-dimensional Community trade mark No 12 551 867, for goods in classes 5, 29 and 30 of the International Classification in its entirety; |

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| — | order the party opposing that claim to pay the costs or expenses of the proceedings and to reimburse the appeal fees paid to OHIM and the corresponding expenses. |

Plea in law

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| — | Infringement of Article 7(1)(b) of Regulation No 207/2009. |

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