CELEX: 62014TN0581
Language: en
Date: 2014-07-30 00:00:00
Title: Case T-581/14: Action brought on 30 July 2014 — Vierling v OHMI — IP Leanware (BRAINCUBE)

6.10.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 351/21
            
         Action brought on 30 July 2014 — Vierling v OHMI — IP Leanware (BRAINCUBE)
   (Case T-581/14)
   2014/C 351/26
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Yvonne Vierling (Cologne, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: IP Leanware (Issoire, France)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 April 2014 given in Case R 1486/2013-2.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The word mark ‘BRAINCUBE’ for goods and services in Classes 9 and 38 — Community trade mark application No 10 461 713
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited in opposition: The earlier German trade mark of the word mark ‘Braincube’
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) CTMR.