Source: EURLEX
Language: en
Format: md

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| 30.11.2015 | EN | Official Journal of the European Union | C 398/66 |

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Action brought on 28 September 2015 — Excalibur City v OHIM — Ferrero (MERLIN'S KINDERWELT)

(Case T-565/15)

(2015/C 398/80)

Language in which the application was lodged: English

Parties

Applicant: Excalibur City s.r.o. (Znojmo, Czech Republic) (represented by: E. EnginDeniz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ferrero SpA (Alba, Italy)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘MERLIN'S KINDERWELT’ – Application for registration No 1 1 2 01  969

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 9 July 2015 in Case R 1538/2014-1

Form of order sought

The applicant claims that the Court should:

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| — | annul in whole the contested decision; |

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| — | order OHIM to pay the fees and costs of the proceedings. |

Pleas in law

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

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| — | Infringement of Article 8(5) of Regulation No 207/2009. |

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