Source: EURLEX
Language: en
Format: md

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| 11.8.2014 | EN | Official Journal of the European Union | C 261/31 |

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Action brought on 27 May 2014 — REWE-Zentral/OHIM — Vicente Gandia Pla (MY PLANET)

(Case T-362/14)

2014/C 261/55

Language in which the application was lodged: English

Parties

Applicant: REWE-Zentral AG (Köln, Germany) (represented by: M. Kinkeldey, S. Brandstätter and A. Wagner, lawyers)

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

Other party to the proceedings before the Board of Appeal: Vicente Gandia Pla, SA (Chiva, Spain)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 in Case R 201/2013-1; |

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| — | Condemn the defendant to the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the word elements ‘MY PLANET’ for goods in classes 25, 32 and 33 — Community trade mark application No 8 566 515

Proprietor of the mark or sign cited in the opposition proceedings: Vicente Gandia Pla, SA

Mark or sign cited in opposition: The word mark ‘EL MIRACLE PLANET’ for goods in classes 25, 32 and 33

Decision of the Opposition Division: The Opposition was allowed

Decision of the Board of Appeal: The appeal was dismissed

Pleas in law: Infringement of Articles 8(1)(b) and 41(1) of Regulation No 207/2009

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