Source: EURLEX
Language: en
Format: md

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| 15.2.2016 | EN | Official Journal of the European Union | C 59/45 |

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Action brought on 22 December 2015 — FH Scorpio v OHIM — Eckes-Granini Group (YO!)

(Case T-745/15)

(2016/C 059/52)

Language in which the application was lodged: Polish

Parties

Applicant: FH Scorpio (Łódź, Poland) (represented by: R. Rumpel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Eckes-Granini Group GmbH (Nieder-Olm, Germany)

Details of the proceedings before OHIM

Applicant for the contested mark: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘YO!’ — Application for registration No 11 208 436

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 2 October 2015 in Case R 1546/2014-2

Form of order sought

The applicant claims that the Court should:

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| — | declare the action well founded; |

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| — | annul the contested decision in so far as it concerns registration of the mark ‘YO!’ 011208436; |

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| — | alter the contested decision in such a way that the mark may be registered for all goods and services claimed; |

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| — | order OHIM to pay the costs. |

Plea in law

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| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |

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