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29.9.2014 |
EN |
Official Journal of the European Union |
C 339/24 |
Action brought on 25 July 2014 — Messi Cuccittini v OHIM — J.M.-E.V. e hijos (MESSI)
(Case T-554/14)
2014/C 339/29
Language in which the application was lodged: Spanish
Parties
Applicant: Lionel Andrés Messi Cuccittini (Barcelona, Spain) (represented by: J. L. Rivas Zurdo and M. Toro Gordillo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: J.M.-E.V. e hijos, SRL (Granollers, Spain)
Form of order sought
The applicant claims that the General Court should:
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annul the decision of the First Board of Appeal of OHIM of 23 April 2014 in Case R 1553/2013-1, in which it dismissed the applicant’s appeal and affirmed the decision of the Opposition Division upholding Opposition No B 1 9 38 458 and rejecting in part Community trade mark application No 1 0 1 81 154‘MESSI’ (figurative); |
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order the party or parties opposing the action to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: Figurative mark including the word element ‘MESSI’ for goods in classes 3, 9, 14, 16, 25 and 28 — Community trade mark application No 1 0 1 81 154
Proprietor of the mark or sign cited in the opposition proceedings: the other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Community word marks ‘MASSI’ for goods in classes 9, 25 and 28
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009