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28.7.2014 |
EN |
Official Journal of the European Union |
C 245/15 |
Action brought on 1 April 2014 — Mederer/OHIM — Cadbury Netherlands International Holdings (Gummi Bear-Rings)
(Case T-210/14)
2014/C 245/21
Language in which the application was lodged: English
Parties
Applicant: Mederer GmbH (Fürth, Germany) (represented by: C. Sachs and O. Ruhl, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Cadbury Netherlands International Holdings BV (Breda, Netherlands)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2013 in case R 225/2013-5; |
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Order the defendant and the other party to the proceedings to pay the costs incurred during the proceedings before the OHIM and the General Court. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark containing the word elements ‘Gummi Bear-Rings’ for goods in Class 30 — International registration No 1 051 028 designating the European Union
Proprietor of the mark or sign cited in the opposition proceedings: Cadbury Netherlands International Holdings BV
Mark or sign cited in opposition: The national figurative mark containing the word element ‘Gummy’
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and 76(1) of Regulation No 207/2009