Source: EURLEX
Language: en
Format: md

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| 8.9.2014 | EN | Official Journal of the European Union | C 303/52 |

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Action brought on 14 July 2014 — Matratzen Concord v OHIM — Barranco Rodriguez (Matratzen Concord)

(Case T-526/14)

2014/C 303/61

Language in which the application was lodged: German

Parties

Applicant: Matratzen Concord GmbH (Cologne, Germany) (represented by: I. Selting, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Mariano Barranco Rodriguez and Pablo Barranco Schnitzler (Sant Just Desvern, Spain)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 April 2014 in Case R 1523/2013-1; |

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| — | Order the defendant to pay the costs including the costs incurred in the course of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘Matratzen Concord’ for goods in Classes 10, 20, 24 and 35 — Community trade mark application No 1 0 3 59  404

Proprietors of the mark or sign cited in the opposition proceedings: Mariano Barranco Rodriguez and Pablo Barranco Schnitzler

Mark or sign cited in opposition: the national word mark ‘MATRATZEN’ for goods in Classes 20 and 35

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Articles 8(1), 41(1)(a) and 42(2) of Regulation No 207/2009

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