Source: EURLEX
Language: en
Format: md

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| 16.11.2015 | EN | Official Journal of the European Union | C 381/51 |

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Action brought on 17 September 2015 — Industrie Aeronautiche Reggiane v OHIM — Audi (NSU)

(Case T-541/15)

(2015/C 381/62)

Language in which the application was lodged: English

Parties

Applicant: Industrie Aeronautiche Reggiane Srl (Reggio Emilia, Italy) (represented by: M. Gurrado, lawyer)

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

Other party to the proceedings before the Board of Appeal: Audi AG (Ingolstadt, Germany)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community word mark ‘NSU’ — Application for registration No 9 593 492

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 6 July 2015 in Case R 2132/2014-2

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision and, as a result, the OHIM shall proceed with the registration of the application for CTM; |

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| — | order AUDI to bear its own costs and pay those of the Applicant, also for the proceedings before the OHIM Opposition Division and the Board of Appeal. |

Pleas in law

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| — | Audi failed to demonstrate genuine use of the earlier mark; |

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| — | Existence of a difference between components and finished products; |

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| — | Existence of a difference between bicycles and the goods indicated in the request of limitation dated 16 October 2014. |

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