Source: EURLEX
Language: en
Format: md

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| 1.2.2016 | EN | Official Journal of the European Union | C 38/67 |

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Action brought on 26 November 2015 — Sulayr Global Service v OHIM — Sulayr Calidad (sulayr GLOBAL SERVICE)

(Case T-685/15)

(2016/C 038/91)

Language in which the application was lodged: Spanish

Parties

Applicant: Sulayr Global Service, SL (Valle del Zalabi, Spain) (represented by: P. López Ronda, G. Macías Bonilla, G. Marín Raigal, and E. Armero Lavie, lawyers)

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

Other party to the proceedings before the Board of Appeal: Sulayr Calidad, SL (Granada, Spain)

Details of the proceedings before OHIM

Applicant for the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘sulayr GLOBAL SERVICE’ — Application for registration No 11 960 515

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 23 September 2015 in Case R 149/2015-1

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision, in so far as it found a similarity between the services sought in class 40 and the services covered by the earlier mark in class 42 and consequently, a risk of confusion as regards those services; |

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| — | order OHIM to pay the costs. |

Pleas in law

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| — | Infringement of Article 60 of Regulation No 207/2009 and Rule 49(1) of Regulation No 2868/95. |

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| — | Infringement of Article 75 of Regulation No 207/2009. |

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| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |

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