Source: EURLEX
Language: en
Format: md

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| 28.7.2014 | EN | Official Journal of the European Union | C 245/15 |

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Action brought on 1 April 2014 — Mederer/OHIM — Cadbury Netherlands International Holdings (Gummi Bear-Rings)

(Case T-210/14)

2014/C 245/21

Language in which the application was lodged: English

Parties

Applicant: Mederer GmbH (Fürth, Germany) (represented by: C. Sachs and O. Ruhl, lawyers)

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

Other party to the proceedings before the Board of Appeal: Cadbury Netherlands International Holdings BV (Breda, Netherlands)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2013 in case R 225/2013-5; |

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| — | Order the defendant and the other party to the proceedings to pay the costs incurred during the proceedings before the OHIM and the General Court. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark containing the word elements ‘Gummi Bear-Rings’ for goods in Class 30 — International registration No 1 051 028 designating the European Union

Proprietor of the mark or sign cited in the opposition proceedings: Cadbury Netherlands International Holdings BV

Mark or sign cited in opposition: The national figurative mark containing the word element ‘Gummy’

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 76(1) of Regulation No 207/2009

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