CELEX: 62015TN0019
Language: en
Date: 2015-01-16 00:00:00
Title: Case T-19/15: Action brought on 16 January 2015  — Gómez Echevarría/OHIM — M and M Direct (wax by Yuli’s)

16.3.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/33
            
         Action brought on 16 January 2015 — Gómez Echevarría/OHIM — M and M Direct (wax by Yuli’s)
   (Case T-19/15)
   (2015/C 089/40)
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicant: Yuleidy Caridad Gómez Echevarría (Benalmádena, Spain) (represented by: E. López-Chicheri y Selma, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Other party to the proceedings before the Board of Appeal: M and M Direct Ltd (London, United Kingdom)
   
      Details of the proceedings before OHIM
   
   
      Proprietor of the trade mark at issue: Applicant
   
      Trade mark at issue: Community figurative mark containing the word elements ‘wax by Yuli’s’ — Community trade mark No 9 0 99  367
   
      Procedure before OHIM: Proceedings for a declaration of invalidity
   
      Contested decision: Decision of the First Board of Appeal of OHIM of 6 November 2014 in Case R 951/2014-1
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               annul the decision of the First Board of Appeal of OHIM of 6 November 2014, and order the applicant for a declaration of invalidity to pay the costs of the proceedings contesting the trade mark as well as those of the present proceedings;
            
         
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               in the alternative, should the form of order sought above not be granted, alter the decision of the First Board of Appeal of OHIM of 6 November 2014 and dismiss the application for a declaration that Community trade mark No 9 0 99  367‘wax by Yuli’s’ is invalid, and order the applicant for a declaration of invalidity to pay the costs of the proceedings contesting the trade mark as well as those of the present proceedings;
            
         
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               in the further alternative, should the forms of order sought above not be granted, alter the decision of the First Board of Appeal of OHIM of 6 November 2014 as to the costs and set aside those incurred in connection with representation in the appeal against the decision of the Cancellation Division of OHIM.
            
         
      Pleas in law
   
   
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               Infringement of Article 64 of Regulation No 207/2009, read in conjunction with Article 41(2)(a) of the Charter of Fundamental Rights of the European Union.
            
         
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               Infringement of Article 8(1)(b) of Regulation No 207/2009 in that the application for a declaration that the trade mark was invalid was made by way of an abuse of power.
            
         
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               Incorrect application and interpretation of Article 53(1)(a), read in conjunction with Article 8(1)(b) of Regulation No 207/2009, in that there is no likelihood of confusion.
            
         
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               Incorrect application and interpretation of Rule 94(1) and (7) of Commission Regulation No 2868/95, read in conjunction with Article 85(1) of Regulation No 207/2009.