CELEX: 62014TN0379
Language: en
Date: 2014-06-03 00:00:00
Title: Case T-379/14: Action brought on 3 June 2014  — Universal Music v OHIM — Yello Strom (Yellow Lounge)

1.9.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 292/46
            
         Action brought on 3 June 2014 — Universal Music v OHIM — Yello Strom (Yellow Lounge)
   (Case T-379/14)
   2014/C 292/56
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Universal Music GmbH (Berlin, Germany) (represented by: M. Viefhues, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Yello Strom GmbH (Cologne, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 March 2014 in Case R 274/2013-4; and
            
         
               —
            
            
               order the defendant, and where appropriate the other party to the proceedings, to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Universal Music GmbH
   
      Community trade mark concerned: Word mark ‘Yellow Lounge’ for goods and services in Classes 9, 16, 35, 38, 41, 42 and 45 — Community trade mark application No 1 0 0 33  421
   
      Proprietor of the mark or sign cited in the opposition proceedings: Yello Strom GmbH
   
      Mark or sign cited in opposition: National word mark ‘Yello’ for goods and services in Classes 4, 7, 9, 16, 35, 38, 41, 42 and 45
   
      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