Source: EURLEX
Language: en
Format: md

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| 26.10.2013 | EN | Official Journal of the European Union | C 313/30 |

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Action brought on 12 August 2013 — Gruppo Norton v OHIM — Marín Nicolás (Gruppo Norton S.r.l.)

(Case T-427/13)

2013/C 313/56

Language in which the application was lodged: Spanish

Parties

Applicant: Gruppo Norton Srl (Carini, Italy) (represented by: García Lirola, lawyer)

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

Other party to the proceedings before the Board of Appeal: Victoriano Marín Nicolás (Alcantarailla, Spain)

Form of order sought

The applicant claims that the Court should:

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| — | deliver a judgment in which, ruling on the substance of the case, it upholds the registration of the trade mark for all of the goods in respect of which it is sought. |

Pleas in law and main arguments

Applicant for a Community trade mark: Gruppo Norton Srl

Community trade mark concerned: Figurative mark ‘Gruppo Norton S.r.l.’ for goods in Classes 7 and 9 — Community trade mark application No 10 169 753

Proprietor of the mark or sign cited in the opposition proceedings: Victoriano Marín Nicolás

Mark or sign cited in opposition: Spanish trade mark ‘NORTON HISPANO’ for goods in Class 9

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Inadmissibility of the appeal

Pleas in law: Breach of Article 8(5) of Regulation No 207/2009

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