CELEX: 62015TN0101
Language: en
Date: 2015-02-26 00:00:00
Title: Case T-101/15: Action brought on 26 February 2015 — Red Bull v OHIM — Optimum Mark (Representation of the colours blue and silver)

27.4.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 138/61
            
         Action brought on 26 February 2015 — Red Bull v OHIM — Optimum Mark (Representation of the colours blue and silver)
   (Case T-101/15)
   (2015/C 138/79)
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Red Bull GmbH (Fuschl am See, Austria) (represented by: A. Renck, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal: Optimum Mark (Warsaw, Poland)
   
      Details of the proceedings before OHIM
   
   
      Proprietor of the trade mark at issue: Applicant
   
      Trade mark at issue: Representation of the colours blue and silver — Community trade mark registration No 2 5 34  774
   
      Procedure before OHIM: Proceedings for a declaration of invalidity
   
      Contested decision: Decision of the First Board of Appeal of OHIM of 2 December 2014 in Case R 2037/2013-1
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the contested decision;
            
         
               —
            
            
               Order OHIM and the other party to the proceedings before the Board of Appeal of OHIM, should it intervene, to pay the costs.
            
         
      Pleas in law
   
   
               —
            
            
               Infringement of Articles 4, 7(1)(a) and 52(1)(a) of Regulation No 207/2009;
            
         
               —
            
            
               Infringement of the principle of legitimate expectations established by the Court of Justice under Community law.