Source: EURLEX
Language: en
Format: md

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| 21.7.2014 | EN | Official Journal of the European Union | C 235/29 |

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Action brought on 13 May 2014 — Helbrecht v OHIM — Lenci Calzature (SportEyes)

(Case T-333/14)

2014/C 235/39

Language in which the application was lodged: German

Parties

Applicant: Andreas Helbrecht (Hilden, Germany) (represented by: C. König, lawyer)

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

Other party to the proceedings before the Board of Appeal: Lenci Calzature SpA (Turchetto-Montecarlo, Italy)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 February 2014 in Case R 830/2013-5; |

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| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Lenci Calzature SpA, if it should intervene in these proceedings, to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘SportEyes’ for goods in Class 25 — Community trade mark application No 7 5 04  525

Proprietor of the mark or sign cited in the opposition proceedings: Lenci Calzature SpA

Mark or sign cited in opposition: the figurative marks including the word elements ‘EYE SPORT EYE’, ‘EYE fashion EYE’ and ‘EYE’ for goods in Class 25

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

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