CELEX: 62014TN0210
Language: en
Date: 2014-04-01 00:00:00
Title: Case T-210/14: Action brought on 1 April 2014 — Mederer/OHIM — Cadbury Netherlands International Holdings (Gummi Bear-Rings)

28.7.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 245/15
            
         Action brought on 1 April 2014 — Mederer/OHIM — Cadbury Netherlands International Holdings (Gummi Bear-Rings)
   (Case T-210/14)
   2014/C 245/21
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Mederer GmbH (Fürth, Germany) (represented by: C. Sachs and O. Ruhl, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Cadbury Netherlands International Holdings BV (Breda, Netherlands)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2013 in case R 225/2013-5;
            
         
               —
            
            
               Order the defendant and the other party to the proceedings to pay the costs incurred during the proceedings before the OHIM and the General Court.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark containing the word elements ‘Gummi Bear-Rings’ for goods in Class 30 — International registration No 1 051 028 designating the European Union
   
      Proprietor of the mark or sign cited in the opposition proceedings: Cadbury Netherlands International Holdings BV
   
      Mark or sign cited in opposition: The national figurative mark containing the word element ‘Gummy’
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Articles 8(1)(b) and 76(1) of Regulation No 207/2009