Source: EURLEX
Language: en
Format: md

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| 30.11.2015 | EN | Official Journal of the European Union | C 398/68 |

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Action brought on 24 September 2015 — Morgese e.a. v OHIM — All Star

(Case T-568/15)

(2015/C 398/82)

Language in which the application was lodged: English

Parties

Applicants: Giuseppe Morgese (Barletta, Italy), Pasquale Morgese (Barletta, Italy), Felice D’Onofrio (Barletta, Italy) (represented by: D. Russo, lawyer)

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

Other party to the proceedings before the Board of Appeal: All Star CV (Hilversum, Netherlands)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Applicants

Trade mark at issue: Community figurative mark containing the word element ‘2 STAR 2S’ — Application for registration No 1 0 1 61  065

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 1July 2015 in Case R 1906/2014-5

Form of order sought

The applicants claim that the Court should:

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| — | set aside the Board’s Decision and Order; |

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| — | the applicants seek an award of costs of this application and the proceedings before the Fifth Board of Appeal together with any further or other relief and/or Order that the Court may consider is appropriate. |

Plea in law

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| — | The contested decision reached an erroneous conclusion as to the nature of the marks and the elements thereof, which could impact to a significant degree the relevant consumers. |

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