Source: EURLEX
Language: en
Format: md

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| 7.9.2013 | EN | Official Journal of the European Union | C 260/42 |

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Action brought on 27 June 2013 — Groupe Léa Nature/OHIM — Debonaire Trading (SO'BiO ētic)

(Case T-341/13)

2013/C 260/76

Language in which the application was lodged: English

Parties

Applicant: Groupe Léa Nature (Périgny, France) (represented by: S. Arnaud, lawyer)

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

Other party to the proceedings before the Board of Appeal: Debonaire Trading Internacional, Lda (Funchal, Portugal)

Form of order sought

The applicant claims that the Court should:

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| — | Declare the application admissible; |

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| — | Annul decision R 203/2011-1 of the First Board of Appeal for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 March 2013, notified 18 April 2013; |

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| — | Order DEBONAIRE TRADING INTERNACIONAL LDA and OHIM each to bear the costs, which they have incurred in the course of the proceedings before the General Court. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘SO’Bio ētic’, for goods in classes 3, 24 and 25 — Community trade mark application No 6 827 281

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: Community trade mark registrations and United Kingdom trade mark registrations of the word mark ‘SO…?’et al., for goods in classes 3 and 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application with respect to all goods claimed in classes 3 and 25

Pleas in law: Infringement of Article 8 (1)(b) and (5) of CTMR.

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