Source: EURLEX
Language: en
Format: md

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| 27.4.2015 | EN | Official Journal of the European Union | C 138/61 |

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Action brought on 26 February 2015 — Red Bull v OHIM — Optimum Mark (Representation of the colours blue and silver)

(Case T-101/15)

(2015/C 138/79)

Language in which the application was lodged: English

Parties

Applicant: Red Bull GmbH (Fuschl am See, Austria) (represented by: A. Renck, lawyer)

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

Other party to the proceedings before the Board of Appeal: Optimum Mark (Warsaw, Poland)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Representation of the colours blue and silver — Community trade mark registration No 2 5 34  774

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 2 December 2014 in Case R 2037/2013-1

Form of order sought

The applicant claims that the Court should:

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| — | Annul the contested decision; |

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| — | Order OHIM and the other party to the proceedings before the Board of Appeal of OHIM, should it intervene, to pay the costs. |

Pleas in law

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| — | Infringement of Articles 4, 7(1)(a) and 52(1)(a) of Regulation No 207/2009; |

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| — | Infringement of the principle of legitimate expectations established by the Court of Justice under Community law. |

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