Source: EURLEX
Language: en
Format: md

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| 26.10.2015 | EN | Official Journal of the European Union | C 354/40 |

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Action brought on 27 August 2015 — Sociedad agraria de transformación no 9982 Montecitrus v OHIM — Spanish Oranges (MOUNTAIN CITRUS SPAIN)

(Case T-495/15)

(2015/C 354/49)

Language in which the application was lodged: English

Parties

Applicant: Sociedad agraria de transformación no 9982 Montecitrus (Pulpí, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)

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

Other party to the proceedings before the Board of Appeal: Spanish Oranges, SL (Castellón, Spain)

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 elements ‘MOUNTAIN CITRUS SPAIN’ — Application for registration No 11 290 293

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 26 June 2015 in Case R 871/2014-4

Form of order sought

The applicant claims that the Court should:

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| — | set aside the contested decision; |

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| — | refuse the application of the trademark at issue for all goods covered in classes 29 and 31; |

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| — | order the Intervener to pay the costs. |

Plea(s) in law

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

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