Source: EURLEX
Language: en
Format: md

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| 13.4.2015 | EN | Official Journal of the European Union | C 118/39 |

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Action brought on 17 February 2015 — ROD Leichtmetallräder v OHIM — Rodi TR (ROD)

(Case T-75/15)

(2015/C 118/50)

Language in which the application was lodged: English

Parties

Applicant: ROD Leichtmetallräder GmbH (Weiden in der Oberpfalz, Germany) (represented by: J. Hellenbrand and J. Biener, lawyers)

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

Other party to the proceedings before the Board of Appeal: Rodi TR, SL (Lleida, Spain)

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 ‘ROD’ — Community trade mark No 5 6 94  989

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 17 December 2014 in Case R 281/2014-5

Form of order sought

The applicant claims that the Court should:

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| — | Annul the contested decision; |

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| — | Annul the decision of OHIM’s Cancellation Division of 22 November 2013; |

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| — | Order OHIM to pay the costs of the proceedings before the General Court as well as the costs of the proceedings before OHMI’s Board of Appeal. |

Pleas in law

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| — | Infringement of Article 65(2) in connection with Article 8(1)(b) of Regulation No 207/2009; |

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| — | Infringement of an essential procedural requirement — infringement of Rules 39(3) and 37(b)(ii) of Regulation No 2868/95. |

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