CELEX: 62013TN0645
Language: en
Date: 2013-11-29 00:00:00
Title: Case T-645/13: Action brought on 29 November 2013 — Eycharis Nezi v OHIM — Etam (E)

1.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/9
            
         Action brought on 29 November 2013 — Eycharis Nezi v OHIM — Etam (E)
   (Case T-645/13)
   2014/C 61/15
   Language in which the application was lodged: Greek
   
      Parties
   
   
      Applicant): Eycharis Nezi (Mykonos, Greece) (represented by: A Salkitzoglou, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Etam SAS (Clichy, France)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
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               annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 October 2013 in Case R 329/2013-4;
            
         
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               vary the above decision so that the applicant’s mark is registered for all the goods and service which were applied for and,
            
         
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               order the opponent to pay all the applicant’s legal costs, including all costs of any interveners.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: The figurative mark ‘Ε’, for goods and services in Classes 14, 16, 18, 25, 26, 35 and 40 — Community trade mark application No 8701138.
   
      Proprietor of the mark or sign cited in the opposition proceedings: The opponent before the Board of Appeal.
   
      Mark or sign cited in opposition: The Community figurative mark ‘Ε’, for goods in Classes 3, 18 and 25.
   
      Decision of the Opposition Division: Rejection of the opposition.
   
      Decision of the Board of Appeal: Partial annulment of the decision of the Opposition Division.
   
      Pleas in law:
   
   
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               Infringement of the Treaty on the Functioning of the European Union;
            
         
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               Infringement of Article 4 of Regulation No 207/2009;
            
         
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               Infringement of Article 8(1)(b) and (5) of Regulation No 207/2009;
            
         
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               Infringement of Article 76 of Regulation No 207/2009, and
            
         
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               Infringement of Articles 15 and 42 of Regulation No 207/2009.