Source: EURLEX
Language: en
Format: md

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| 15.2.2014 | EN | Official Journal of the European Union | C 45/35 |

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Action brought on 4 November 2013 — Real Express v OHIM — MIP Metro (real)

(Case T-580/13)

2014/C 45/61

Language in which the application was lodged: English

Parties

Applicant: Real Express Srl (Bucharest, Romania) (represented by: C. Anitoae, lawyer)

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

Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 September 2013 given in Case R 1519/2012-4; |

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| — | Order the defendant and the intervener to pay the costs of proceedings. |

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 figurative mark in blue and red containing the verbal element ‘real’ for goods and services in Classes 3 and 35 — Community trade mark application No 9 512 609

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

Mark or sign cited in opposition: Romanian trade marks Nos 38 089 and 80 065

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

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

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