CELEX: 62015TN0612
Language: en
Date: 2015-11-02 00:00:00
Title: Case T-612/15: Action brought on 2 November 2015 — Basic Net v OHIM (Representation of three vertical stripes)

11.1.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 7/31
            
         Action brought on 2 November 2015 — Basic Net v OHIM (Representation of three vertical stripes)
   (Case T-612/15)
   (2016/C 007/41)
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Basic Net SpA (Turin, Italy) (represented by: D. Sindico, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
   
      Details of the proceedings before OHIM
   
   
      Trade mark at issue: Community figurative mark ‘Representation of three vertical stripes’ — Application for registration No 12 880 481
   
      Contested decision: Decision of the First Board of Appeal of OHIM of 14 August 2015 in Case R 2845/2014-1
   
      Form of order sought
   
   The applicant claims that the Court should:
   principally:
   
               —
            
            
               alter the contested decision on the basis of the arguments, contained in the present application in conjunction with the evidence and documents adduced in the first two stages of the proceedings and, without referring the case back, grant the application for registration No 12 880 481, on the ground that the contested decision must be regarded as flawed for breach, first, of the rules laid down in Articles 7(1)(b) and 75 of Regulation No 207/2009, or, second, of the rules laid down in Article 7(3) of that regulation.
            
         In the alternative:
   
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               annul the contested decision and refer the case back to the Board of Appeal;
            
         
               —
            
            
               determine the amount of the costs of the proceedings to be borne by OHIM.
            
         
      Pleas in law
   
   
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               Infringement of Article 7(1)(b) of Regulation No 207/2009;
            
         
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               Infringement of Article 7(3) of Regulation No 207/2009;
            
         
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               Infringement of Article 75 of Regulation No 207/2009.