Source: EURLEX
Language: en
Format: md

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| 6.10.2014 | EN | Official Journal of the European Union | C 351/14 |

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Action brought on 18 July 2014 — The Cookware Company v OHIM — Fissler (VITA+VERDE)

(Case T-535/14)

2014/C 351/16

Language in which the application was lodged: English

Parties

Applicant: The Cookware Company Ltd (Hong Kong, China) (represented by: K. Manhaeve, lawyer)

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

Other party to the proceedings before the Board of Appeal: Fissler GmbH (Idar-Oberstein, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 April 2014 given in Case R 1082/2013-2. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark in colour containing the verbal elements ‘VITA+VERDE’ for gods in Class 21 — Community trade mark application No 1 0 0 73  054

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 earlier CTM No 1 0 13  787 for the word ‘vitavit’

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision and upheld the opposition

Pleas in law: Infringement of Article 8(1)(b) CTMR.

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