Source: EURLEX
Language: en
Format: md

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| 28.4.2014 | EN | Official Journal of the European Union | C 129/34 |

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Action brought on 17 February 2014 — BSH Bosch und Siemens Hausgeräte v OHIM — Arçelik (AquaPerfect)

(Case T-123/14)

(2014/C 129/41)

Language in which the application was lodged: English

Parties

Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Arçelik AS (Istanbul, Turkey)

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 9 December 2013 given in Case R 314/2013-4; |

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| — | Order the defendant to pay the costs of 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: The word mark ‘AquaPerfect’ for the goods in Class 7 — Community trade mark application No 10 330 454

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

Mark or sign cited in opposition: Community registration No 9 444 118 of the word mark ‘waterPerfect’ for goods in Class 7

Decision of the Opposition Division: Partly upheld the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition

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

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