Source: EURLEX
Language: en
Format: md

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| 21.7.2014 | EN | Official Journal of the European Union | C 235/21 |

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Action brought on 17 April 2014 — Yoworld v OHIM — Nestlé (yogorino)

(Case T-246/14)

2014/C 235/29

Language in which the application was lodged: English

Parties

Applicant: Yoworld SA (Luxembourg, Luxembourg) (represented by: A. Tornato and D. Hazan, lawyers)

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

Other party to the proceedings before the Board of Appeal: Société des produits Nestlé SA (Vevey, Switzerland)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 December 2013 given in Case R 115/2013-2; |

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| — | Order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the verbal element ‘yogorino’ for goods and services in Classes 5, 35 and 43 — Community trade mark application No 9 4 36  536

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Earlier Community trade mark No 7 2 56  829

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Upheld the appeal and annulled the contested decision in part

Pleas in law: Infringement of Article 8(1)(b) CTMR

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