CELEX: 62013TN0576
Language: en
Date: 2013-10-30 00:00:00
Title: Case T-576/13: Action brought on 30 October 2013 — Verus v OHIM — Joie International (MIRUS)

25.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/25
            
         Action brought on 30 October 2013 — Verus v OHIM — Joie International (MIRUS)
   (Case T-576/13)
   2014/C 24/45
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Verus Eood (Sofia, Bulgaria) (represented by: C. Röhl, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Joie International Co. Ltd (Hong Kong, China)
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
               —
            
            
               vary the decision of the Fifth Board of Appeal of 23 August 2013 in Case R 715/2012-5 so that the opposition is entirely upheld and the application for Community trade mark 9599416 is rejected;
            
         
               —
            
            
               order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Joie International Co. Ltd
   
      Community trade mark concerned: word mark ‘MIRUS’ for goods in Class 12 — application for Community trade mark No 9 599 416
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: German word mark ‘MIRUS’ for goods in Classes 12, 25 and 28
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: annulment of the contested decision and rejection of the opposition
   
      Pleas in law: infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.