Source: EURLEX
Language: en
Format: md

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| 6.10.2014 | EN | Official Journal of the European Union | C 351/21 |

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Action brought on 30 July 2014 — Vierling v OHMI — IP Leanware (BRAINCUBE)

(Case T-581/14)

2014/C 351/26

Language in which the application was lodged: English

Parties

Applicant: Yvonne Vierling (Cologne, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)

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

Other party to the proceedings before the Board of Appeal: IP Leanware (Issoire, France)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 April 2014 given in Case R 1486/2013-2. |

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘BRAINCUBE’ for goods and services in Classes 9 and 38 — Community trade mark application No 10 461 713

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The earlier German trade mark of the word mark ‘Braincube’

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.

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