CELEX: 62014TN0697
Language: en
Date: 2014-09-29 00:00:00
Title: Case T-697/14: Action brought on 29 September 2014  — MIP Metro v OHIM — Associated Newspapers (METRO)

17.11.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 409/59
            
         Action brought on 29 September 2014 — MIP Metro v OHIM — Associated Newspapers (METRO)
   (Case T-697/14)
   2014/C 409/80
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J. Plate and R. Kaase, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Associated Newspapers Ltd (London, United Kingdom)
   
      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 29 July 2014 in Case R 606/2013-5, in so far as it annulled the Opposition Division’s decision of 4 March 2013 concerning the opposition against Community trade mark application No 7 79  116‘METRO’ and referred the case back to the Opposition Division for examination and a decision on the case;
            
         
               —
            
            
               Order the defendant to pay the costs, including the costs of the appeal proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: The figurative mark including the word element METRO for goods and services in Classes 9, 16, 35, 36, 38, 39, 41 and 42 — Community trade mark application No 7 79  116
   
      Proprietor of the mark or sign cited in the opposition proceedings: the other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: the national word mark ‘METRO’
   
      Decision of the Opposition Division: the opposition was rejected
   
      Decision of the Board of Appeal: the Opposition Division’s decision was annulled and the case was referred back to the Opposition Division
   
      Pleas in law: Infringement of Article 74(2) of Regulation No 40/94