Source: EURLEX
Language: en
Format: md

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| 8.2.2016 | EN | Official Journal of the European Union | C 48/85 |

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Action brought on 29 November 2015 — Marcas Costa Brava v OHIM — Excellent Brands JMI (Cremcaffé)

(Case T-690/15)

(2016/C 048/93)

Language in which the application was lodged: English

Parties

Applicant: Marcas Costa Brava, SL (Sils, Spain) (represented by: E. Manresa Medina and J. Manresa Medina, lawyers)

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

Other party to the proceedings before the Board of Appeal: Excellent Brands JMI Ltd (Baar, Switzerland)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark in red and white colours containing the word element ‘Cremcaffé’ — Community trade mark No 11 407 021

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 29 September 2015 in Case R 2586/2014-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | consider proved the use of the Community Trademark No 2 423 705 Class 30 deemed and the Community Trademark application No 11 407 021 is incompatible with the Community Trademark No 2 423 705; |

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| — | order OHIM and possible co-defendants to pay all costs of the procedure. |

Plea in law

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| — | Erroneous interpretation of Article 15(1), 15(1)(a) and Article 8(1)(b) CTMR. |

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