Source: EURLEX
Language: en
Format: md

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| 23.11.2013 | EN | Official Journal of the European Union | C 344/58 |

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Action brought on 30 August 2013 — You-View.tv/OHMI — YouView TV (YouView+)

(Case T-480/13)

2013/C 344/107

Language in which the application was lodged: English

Parties

Applicant: You-View.tv (Antwerp, Belgium) (represented by: S. Criel, lawyer)

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

Other party to the proceedings before the Board of Appeal: YouView TV Ltd (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2013 given in Case R 2112/2012-4; |

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| — | Order the defendant to pay the costs incurred by the present proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: Word mark ‘YouView+’ for goods and services in Classes 9, 16, 38, 41 and 42 — Community trade mark application No 10 286 061

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Figurative mark in red and white containing verbal elements ‘You View You-View.tv’ for services in Classes 35, 38 and 41 — Benelux trade mark No 838 408

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

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

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