Source: EURLEX
Language: en
Format: md

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| 21.7.2014 | EN | Official Journal of the European Union | C 235/29 |

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Action brought on 21 May 2014 — Lidl Stiftung v OHIM (Deluxe)

(Case T-344/14)

2014/C 235/40

Language of the case: German

Parties

Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by M. Kefferpütz and A. Wrage, lawyers)

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

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 in Case R 1223/2013-1; |

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| — | Declare that the provisions of Article 7(1)(b) and Article 7(2) of Regulation No 207/2009 do not preclude the publication of the mark applied for; |

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| — | Refer application No 01 1 4 27  507 back to the defendant so that the registration procedure may be resumed; |

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| — | Order the defendant to pay the costs, including the costs in respect of the appeal proceedings. |

Pleas in law and main arguments

Community trade mark concerned: the figurative mark including the word element ‘Deluxe’ for goods and services in Classes 5, 29, 30, 31, 32 and 33 — Community trade mark application No 1 1 4 27  507

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009

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