Source: EURLEX
Language: en
Format: md

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| 30.11.2013 | EN | Official Journal of the European Union | C 352/7 |

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Appeal brought on 13 September 2013 by Cytochroma Development, Inc. against the judgment of the General Court (Third Chamber) delivered on 3 July 2013 in Case T-106/12: Cytochroma Development, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-490/13 P)

2013/C 352/13

Language of the case: English

Parties

Appellant: Cytochroma Development, Inc. (represented by: S. Malynicz, Barrister, A. Smith, Solicitor)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Teva Pharmaceutical Industries, Ltd.

Form of order sought

The appellant claims that the Court should:

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| — | annul the judgment of the General Court dated 3 July 2013 in Case T-106/12; |

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| — | order OHIM to bear its own costs and pay those of the appellant |

Pleas in law and main arguments

The appellant submits that the contested judgment should be annulled on the following grounds:

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| — | The General Court infringed Article 65(6) of the Community Trade Mark Regulation[(1)](#ntr1-C_2013352EN.01000702-E0001) and Article 1 (d) (1) of Regulation 216/96[(2)](#ntr2-C_2013352EN.01000702-E0002) regarding the measures taken by OHIM to comply with the judgment of the General Court; |

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| — | The General Court infringed the principle of legal certainty, as well as Article 17 of the EU Charter of Fundamental Rights. |

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