Source: EURLEX
Language: en
Format: md

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| 14.9.2015 | EN | Official Journal of the European Union | C 302/61 |

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Action brought on 30 June 2015 — Modas Cristal v OHIM — Zorlu Tekstil Ürünleri Pazarlama (KRISTAL)

(Case T-345/15)

(2015/C 302/76)

Language in which the application was lodged: Spanish

Parties

Applicant: Modas Cristal, SL (Santa Lucía, Spain) (represented by: E. Manresa Medina, lawyer)

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

Other party to the proceedings before the Board of Appeal: Zorlu Tekstil Ürünleri Pazarlama Anonim Sirketi (Denizli, Turkey)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word element ‘KRISTAL’ — Application for registration No 10 574 473

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 24 April 2015 in Case R 341/2014-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision on the ground that the use of the Spanish mark No 2 569 089 ‘MODAS CRISTAL’ for services in Class 35 has been demonstrated and that the new Community trade mark application is incompatible with the Spanish marks No 2 569 089 ‘MODAS CRISTAL’, for services in Class 35, and No 2 763 821 ‘home CRISTAL’, for goods in Class 24; |

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| — | order OHIM and any interveners supporting it 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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