Source: EURLEX
Language: en
Format: md

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| 1.2.2016 | EN | Official Journal of the European Union | C 38/62 |

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Action brought on 6 October 2015 — Flamagas v OHIM — MatMind (CLIPPER)

(Case T-580/15)

(2016/C 038/84)

Language in which the application was lodged: English

Parties

Applicant: Flamagas, SA (Barcelona, Spain) (represented by: I. Valdelomar Serrano, G. Hinarejos Mulliez and D. Gabarre Armengol, lawyers)

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

Other party to the proceedings before the Board of Appeal: MatMind Srl (Formello, Italy)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community tridimensional mark (Shape of lighter containing the word element ‘CLIPPER’) — Community trade mark No 4 758 652

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 30 July 2015 in Case R 924/2013-1

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | confirm the decision of 22/03/2013 of the Cancellation Division in Cancellation Proceedings No. C 5642 against Community trademark registration No. 4 758 652; |

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| — | order the other party to the proceedings to pay the costs. |

Pleas in law

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| — | Infringement of Article 7(1)(a) of Regulation No 207/2009; |

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| — | Infringement of Article 7(1)(b) of Regulation No 207/2009; |

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| — | Infringement of Article 7(1)(e)(ii) of Regulation No 207/2009. |

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