Source: EURLEX
Language: en
Format: md

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| 13.7.2015 | EN | Official Journal of the European Union | C 228/20 |

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Action brought on 27 April 2015 — Morton’s of Chicago v OHIM — Mortons the Restaurant (MORTON’S)

(Case T-223/15)

(2015/C 228/25)

Language in which the application was lodged: English

Parties

Applicant: Morton’s of Chicago, Inc. (Chicago, United States) (represented by: J. Moss, lawyer)

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

Other party to the proceedings before the Board of Appeal: Mortons the Restaurant Ltd (London, United Kingdom)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: The applicant

Trade mark at issue: Community figurative mark containing the word element ‘MORTON’S’ — Community trade mark registration No 3 951 291

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 12 February 2015 in Case R 46/2014-1

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order the Respondent to pay the Proprietor’s costs. |

Pleas in law

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| — | Infringement of Article 8(4) of Regulation No 207/2009; |

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| — | Infringement of Article 52(1)(b) of Regulation No 207/2009. |

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