Source: EURLEX
Language: en
Format: md

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| 29.2.2016 | EN | Official Journal of the European Union | C 78/26 |

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Action brought on 21 December 2015 — Gauff v OHIM — H.P. Gauff Ingenieure (Gauff)

(Case T-748/15)

(2016/C 078/36)

Language in which the application was lodged: German

Parties

Applicant: Gauff GmbH & Co. Engineering KG (Nuremberg, Germany) (represented by: A. Molnar, lawyer)

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

Other party to the proceedings before the Board of Appeal: H.P. Gauff Ingenieure GmbH & Co. KG — JBG (Frankfurt am Main, Germany)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘Gauff’ — Community trade mark No 6 192 521

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 8 October 2015 in Case R 1350/2014-1

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | in the alternative, refer the case back to OHIM for further examination of the disputed matters that were, in error, not examined; |

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| — | order OHIM to pay the costs, including the costs incurred in the course of the appeal proceedings. |

Pleas in law

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| — | Infringement of Articles 53, 56, 57 and 76 of Regulation No 207/2009; |

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| — | Infringement of Regulation No 2868/95; |

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| — | Breach of the right to be heard; |

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| — | Defective statement of reasons. |

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