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Document 62014TN0069

Case T-69/14: Action brought on 27 January 2014 — UAB MELT WATER v OHIM (MELT WATER Original)

OJ C 112, 14.4.2014, p. 48–49 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

14.4.2014   

EN

Official Journal of the European Union

C 112/48

Action brought on 27 January 2014 — UAB MELT WATER v OHIM (MELT WATER Original)

(Case T-69/14)

2014/C 112/62

Language in which the application was lodged: Lithuanian

Parties

Applicant: Research and Production Company MELT WATER UAB (Klaipėda, Lithuania) (represented by V. Viešūnaitė, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:

—

set aside the decision of the Fifth Board of Appeal of OHIM of 26 November 2013 in Case R 494/2013-5 and order OHIM to register, as a Community trade mark, the mark ‘MELT WATER Original’ in respect of which the applicant, Research and Production Company MELT WATER UAB, has sought registration (application No 01 078 2068);

—

award costs in favour of the applicant, Research and Production Company MELT WATER UAB;

—

order the defendant, OHIM, to produce the file concerning the action relating to that application for registration of a Community trade mark (application No 010 782 068).

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant.

Community trade mark in respect of which registration is sought: a light-blue figurative mark containing the word elements ‘MELT WATER Original’, for goods in Class 32 — application No 010 782 068 for registration of a Community trade mark.

Decision of the Examiner: application rejected.

Decision of the Board of Appeal: appeal dismissed.

Pleas in law: Article 7(1)(c) and 7(1)(b) of Council Regulation (EC) No 207/2009, together with the related case-law of the European Union Courts.

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