Source: EURLEX
Language: en
Format: md

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| 22.6.2015 | EN | Official Journal of the European Union | C 205/39 |

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Action brought on 24 April 2015 — Lidl Stiftung v OHIM — toom Baumarkt (Super-Samstag)

(Case T-213/15)

(2015/C 205/52)

Language in which the application was lodged: German

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and A. Berger, lawyers)

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

Other party to the proceedings before the Board of Appeal: toom Baumarkt GmbH (Cologne, Germany)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘Super-Samstag’ — Community trade mark No 10 304 178

Procedure before OHIM: Invalidity proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 16 February 2015 in Case R 657/2014-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order OHIM to pay the costs, including the costs in respect of the appeal proceedings. |

Pleas in law

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| — | Infringement of 52(1)(a) of Regulation No 207/2009 in conjunction with Rule 37(b)(i) and (iv) of Regulation No 2868/95; |

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

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| — | Infringement of Article 7(1)(c) of Regulation No 207/2009. |

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