Source: EURLEX
Language: en
Format: md

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| 27.10.2014 | EN | Official Journal of the European Union | C 380/16 |

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Action brought on 22 August 2014 — Roland v OHIM (Nuance of the colour red for shoe soles)

(Case T-631/14)

2014/C 380/21

Language in which the application was lodged: German

Parties

Applicant: Roland SE (Essen, Germany) (represented by: C. Onken and O. Rauscher)

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

Other party to the proceedings before the Board of Appeal: Christian Louboutin (Paris, France)

Form of order sought

The applicant claims that the Court should:

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| — | alter the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 May 2014 in Case R 1591/2013-1 to the extent that opposition No B 1 9 22  890 is fully upheld and Community trade mark application No 008845539 is rejected; |

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| — | in the alternative: annul the contested decision; |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: Christian Louboutin

Community trade mark concerned: Other marks, which consist of a nuance of the colour red, which is applied to the sole of a shoe, for goods in Class 25 — Community trade mark application No 8845539

Proprietor of the mark or sign cited in the opposition proceedings: Roland SE

Mark or sign cited in opposition: International registration of the figurative mark containing the word element ‘my SHOES’, for goods in Class 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law:

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| — | Infringement of Article 75(2) of Regulation No 207/2009; |

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

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