CELEX: 62014TN0583
Language: en
Date: 2014-08-04 00:00:00
Title: Case T-583/14: Action brought on 4 August 2014  — Giand v OHIM — Flamagas (FLAMINAIRE)

6.10.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 351/21
            
         Action brought on 4 August 2014 — Giand v OHIM — Flamagas (FLAMINAIRE)
   (Case T-583/14)
   2014/C 351/27
   Language in which the application was lodged: Italian
   
      Parties
   
   
      Applicant: Giand Srl (Rimini, Italy) (represented by: F. Caricato, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Flamagas, SA (Barcelona, Spain)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 June 2014 in Case R 2117/2011-4, finding that there is no likelihood of confusion between the marks referred to below;
            
         
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               Refer the case back to OHIM so it can amend the decision on the substance of the case and register Community Trade Mark No 8 6 80  746 in respect of all the goods covered, without prejudice to those which are uncontested;
            
         
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               Order OHIM to pay the costs of proceedings before the Opposition Division, Board of Appeal and General Court.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Giand Srl
   
      Community trade mark concerned: the word mark ‘FLAMINAIRE’ for goods in Classes 16 and 34 — Community Trade Mark application No 8 6 80  746
   
      Proprietor of the mark or sign cited in the opposition proceedings: Flamagas, SA
   
      Mark or sign cited in opposition: national and international word marks for goods in Classes 16 and 34
   
      Decision of the Opposition Division: opposition rejected in part
   
      Decision of the Board of Appeal: appeal dismissed
   
      Pleas in law:
   
   
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               Breach of the principle of ne bis in idem;
            
         
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               Incorrect assessment of the likelihood of confusion;
            
         
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               Incorrect assessment of the evidence.