Source: EURLEX
Language: en
Format: md

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| 27.10.2014 | EN | Official Journal of the European Union | C 380/19 |

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Action brought on 1 September 2014 — Red Lemon Incorporation v OHIM — Lidl Stiftung (ABTRONIC)

(Case T-643/14)

2014/C 380/25

Language in which the application was lodged: German

Parties

Applicant: Red Lemon Incorporation (Hong Kong, People’s Republic of China) (represented by: T. Wieland and S. Müller, lawyers)

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

Other party to the proceedings before the Board of Appeal: Lidl Stiftung & Co. KG (Neckarsulm, Germany)

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 15 May 2014 in Case R 1899/2013-1 and reject the opposition; |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘ABTRONIC’ for goods in Class 9 — Community trade mark application No 8 1 84  632

Proprietor of the mark or sign cited in the opposition proceedings: the other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: the international registration of the word mark ‘TRONIC’ for goods in Class 9

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.

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