Source: EURLEX
Language: en
Format: md

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| 30.11.2015 | EN | Official Journal of the European Union | C 398/67 |

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

(Case T-566/15)

(2015/C 398/81)

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 figurative mark containing the word elements ‘MERLIN’S KINDERWELT’– Application for registration No 1 1 2 02  066

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 16 July 2015 in Case R 1617/2014-1

Form of order sought

The applicant claims that the Court should:

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| — | alter the contested decision so as to reject the opposition of the Opponent;  in eventu |

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| — | annul the contested decision as well as the decision of the Opposition Division of 26 May 2014, opposition No B 002152844; |

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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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