CELEX: 62014TN0440
Language: en
Date: 2014-06-13 00:00:00
Title: Case T-440/14: Action brought on 13 June 2014 — Premo v OHIM — Prema Semiconductor (PREMO)

15.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/66
            
         Action brought on 13 June 2014 — Premo v OHIM — Prema Semiconductor (PREMO)
   (Case T-440/14)
   2014/C 315/111
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Premo, SL (Málaga, Spain) (represented by: E. Cornu, F. de Visscher and E. De Gryse, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Prema Semiconductor GmbH (Mainz, Germany)
   
      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 11 April 2014 in Case R 1719/2011-5;
            
         
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               Subsidiarily, annul the contested decision to the extent that it upheld the opposition regarding ‘induction coils’, ‘inductive resisters’, ‘electric transformers’ and ‘antiparasitic transformers and filters’;
            
         
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               Order the OHIM, and if appropriate the intervening party, 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 ‘PREMO’ for goods in Class 9 — Community trade mark application No 5 5 20  788
   
      Proprietor of the mark or sign cited in the opposition proceedings: Prema Semiconductor GmbH
   
      Mark or sign cited in opposition: The national word mark ‘PREMA’ for goods in Class 9
   
      Decision of the Opposition Division: The opposition was partially upheld
   
      Decision of the Board of Appeal: The appeal was partially dismissed
   
      Pleas in law:
   
   
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               Infringement of Rule 22, 6o of Regulation 2868/95 and the rights of defence of the Applicant;
            
         
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               Infringement of Article 42(2) and (3) of Regulation No 207/2009
            
         
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               Infringement of Article 8(1)(b) of Regulation No 207/2009.