Source: EURLEX
Language: en
Format: md

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| 4.8.2014 | EN | Official Journal of the European Union | C 253/45 |

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Action brought on 21 May 2014 — Švyturys-Utenos Alus v OHIM — Nordbrand Nordhausen (KISS)

(Case T-360/14)

2014/C 253/60

Language in which the application was lodged: English

Parties

Applicant: Švyturys-Utenos Alus UAB (Utena, Lithuania) (represented by: R. Žabolienė and I. Lukauskienė, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nordbrand Nordhausen GmbH (Nordhausen, 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 17 March 2014 in Case R 1302/2013-4; and |

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| — | order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark KISS for goods in Class 33 — Community trade mark application No 1 0 6 20  565

Proprietor of the mark or sign cited in the opposition proceedings: Nordbrand Nordhausen GmbH

Mark or sign cited in opposition: The word mark CRISS for goods in Class 33

Decision of the Opposition Division: The opposition was rejected

Decision of the Board of Appeal: The decision of the Opposition Division was annulled and the Community trade mark application rejected

Pleas in law:

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| — | Infringement of Rule 20(7)(c) in conjunction with Rule 50(1) of Regulation No 2868/95 in conjunction with Article 55(1) of Regulation No 207/2009; |

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

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