Source: EURLEX
Language: en
Format: md

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| 9.11.2015 | EN | Official Journal of the European Union | C 371/45 |

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Action brought on 24 September 2015 — Paglieri Sell System v OHIM (APOTEKE)

(Case T-563/15)

(2015/C 371/46)

Language of the case: Italian

Parties

Applicant: Paglieri Sell System SpA (Pozzolo Formigaro, Italy) (represented by: P. Pozzi and F. Braga, lawyers)

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

Details of the proceedings before OHIM

Trade mark at issue: Community figurative mark containing the word element ‘APOTEKE’ — Application for registration No 13 014 691

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 23 July 2015 in Case R 2428/2014-5

Form of order sought

The applicant claims that the Court should:

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| — | declare that there was a breach and incorrect application of Article 7(1)(b) and (c) and (2) of Regulation No 207/2009; |

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| — | declare that there was a breach of Article 75 of Regulation No 207/2009; |

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| — | annul the contested decision; |

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| — | order OHIM to pay the costs and fees incurred for the present proceedings. |

Pleas in law

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| — | Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009; |

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| — | Infringement of Article 7(2) of Regulation No 207/2009; |

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| — | Infringement of Article 75 of Regulation No 207/2009. |

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