CELEX: 62015TN0778
Language: en
Date: 2015-12-28 00:00:00
Title: Case T-778/15: Action brought on 28 December 2015 — It Works v OHIM — KESA Holdings Luxembourg (IT it WORKS)

7.3.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 90/21
            
         Action brought on 28 December 2015 — It Works v OHIM — KESA Holdings Luxembourg (IT it WORKS)
   (Case T-778/15)
   (2016/C 090/29)
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: It Works S.A. (Krakow, Poland) (represented by: J. Aftyka, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal: KESA Holdings Luxembourg Sàrl (Luxembourg, Luxembourg)
   
      Details of the proceedings before OHIM
   
   
      Applicant of the trade mark at issue: Applicant
   
      Trade mark at issue: Community figurative mark containing the word elements ‘IT it WORKS’ — Application for registration No 10 359 222
   
      Procedure before OHIM: Opposition proceedings
   
      Contested decision: Decision of the Fourth Board of Appeal of OHIM of 26 October 2015 in Case R 2106/2014-4
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the contested decision with respect to the services for which the opposition has been upheld;
            
         
               —
            
            
               annul the decision of the Opposition Division dated 17/06/2014 in opposition proceedings No B 001988727 with respect to the services for which the opposition has been upheld;
            
         
               —
            
            
               refer the case back to OHIM so it can amend the decision on the substance of the case and register Community Trade Mark No 010359222 in respect of all the services covered, without prejudice to those which are uncontested;
            
         
               —
            
            
               charge the OHIM with the costs of the proceedings before the Opposition Division, Board of Appeal and General Court.
            
         
      Plea in law
   
   
               —
            
            
               Infringement of Article 8(1)(b) of Regulation No 207/2009.