CELEX: 62014CN0603
Language: en
Date: 2014-12-29 00:00:00
Title: Case C-603/14 P: Appeal brought on 29 December 2014 by El Corte Inglés, S.A. against the judgment of the General Court (Third Chamber) delivered on 15 October 2014 in Case T-515/12 El Corte Inglés v OHIM — English Cut (The English Cut)

30.3.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/17
            
         
      Appeal brought on 29 December 2014 by El Corte Inglés, S.A. against the judgment of the General Court (Third Chamber) delivered on 15 October 2014 in Case T-515/12 El Corte Inglés v OHIM — English Cut (The English Cut)
      (Case C-603/14 P)
      (2015/C 107/24)
      Language of the case: Spanish
      
         Parties
      
      
         Appellant: El Corte Inglés, S.A. (represented by: J.L. Rivas Zurdo, lawyer)
      
         Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
      
         Form of order sought
      
      The appellant claims that the Court should:
      
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                  set aside the judgment of the General Court of 15 October 2014 in Case T-515/12 in its entirety;
               
            
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                  order the party or parties opposing this appeal to pay the costs.
               
            
         Pleas in law and main arguments
      
      
                  1.
               
               
                  
                     The first ground of appeal is based on distortion of the facts, in that the General Court, in its judgment of 15 October 2014, categorised the conceptual similarity between the signs as low, whereas the Board of Appeal of OHIM took the view that there is conceptual similarity.
               
            
                  2.
               
               
                  
                     The second ground of appeal is based on infringement of Community law, in that Article 8(1)(b) of Regulation (EC) No 207/2009 of 26 February 2009 (1) was applied incorrectly.
               
            
                  3.
               
               
                  
                     The third ground of appeal is based on infringement of Community law, in that Article 8(5) of Regulation (EC) No 207/2009 of 26 February 2009 was applied incorrectly.
               
            
         (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).