Source: EURLEX
Language: en
Format: md

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| 18.1.2016 | EN | Official Journal of the European Union | C 16/48 |

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Action brought on 13 November 2015 — Tuum v OHIM — Thun (TUUM)

(Case T-635/15)

(2016/C 016/58)

Language in which the application was lodged: Italian

Parties

Applicant: Tuum Srl (San Giustino, Italy) (represented by: B. Saguatti, lawyer)

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

Other party to the proceedings before the Board of Appeal: Thun SpA (Bolzano, Italy)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘TUUM’ — Application for registration No 11 939 774

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 3 September 2015 in Case R 2624/2014-1

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | reject definitively and in its entirety the opposition to the registration of the mark applied for in respect of the claimed goods in Class 14; |

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| — | instruct OHIM to register the mark applied for; |

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| — | order OHIM and the intervener to pay the costs, including those incurred in the proceedings before the Opposition Division and the Board of Appeal. |

Plea in law

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

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