Source: EURLEX
Language: en
Format: md

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| 8.9.2014 | EN | Official Journal of the European Union | C 303/14 |

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Appeal brought on 3 June 2014 by Debonair Trading Internacional Lda against the judgment of the General Court (Ninth Chamber) delivered on 3 April 2014 in Case T-356/12: Debonair Trading Internacional Lda v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case C-270/14 P)

2014/C 303/18

Language of the case: English

Parties

Appellant: Debonair Trading Internacional Lda (represented by: T. Alkin, Barrister)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The appellant claims that the Court should:

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| 1) | Set aside paragraph 2 of the Decision dismissing the action as to the remainder; |

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| 2) | Remit the case to the General Court for further consideration with direction as to the applicable law; |

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| 3) | Order the Respondent to pay the costs both of the proceedings before the General Court and those before the Court of Justice. |

Pleas in law and main arguments

The Appellant relies on a single plea in law, namely infringement of Article 8(1)(b) CTMR[(1)](#ntr1-C_2014303EN.01001401-E0001). In summary, it contends that the General Court erred by purporting to limit the conditions in which a likelihood of confusion may arise between a ‘family’ of trade marks and a later trade mark. Alternatively the Appellant contends that the General Court failed to carry out a global assessment of the likelihood of confusion taking into account all relevant factors.

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