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Document 62015TN0019

Case T-19/15: Action brought on 16 January 2015  — Gómez Echevarría/OHIM — M and M Direct (wax by Yuli’s)

OJ C 89, 16.3.2015, p. 33–34 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
16/01/2015
Date lodged:
16/01/2015
Author:
General Court
Form:
Judicial information
Authentic language:
Spanish
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Instruments cited in case law:
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16.3.2015   

EN

Official Journal of the European Union

C 89/33

Action brought on 16 January 2015 — Gómez Echevarría/OHIM — M and M Direct (wax by Yuli’s)

(Case T-19/15)

(2015/C 089/40)

Language in which the application was lodged: Spanish

Parties

Applicant: Yuleidy Caridad Gómez Echevarría (Benalmádena, Spain) (represented by: E. López-Chicheri y Selma, lawyer)

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

Other party to the proceedings before the Board of Appeal: M and M Direct Ltd (London, United Kingdom)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘wax by Yuli’s’ — Community trade mark No 9 0 99  367

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 6 November 2014 in Case R 951/2014-1

Form of order sought

The applicant claims that the Court should:

—

annul the decision of the First Board of Appeal of OHIM of 6 November 2014, and order the applicant for a declaration of invalidity to pay the costs of the proceedings contesting the trade mark as well as those of the present proceedings;

—

in the alternative, should the form of order sought above not be granted, alter the decision of the First Board of Appeal of OHIM of 6 November 2014 and dismiss the application for a declaration that Community trade mark No 9 0 99  367‘wax by Yuli’s’ is invalid, and order the applicant for a declaration of invalidity to pay the costs of the proceedings contesting the trade mark as well as those of the present proceedings;

—

in the further alternative, should the forms of order sought above not be granted, alter the decision of the First Board of Appeal of OHIM of 6 November 2014 as to the costs and set aside those incurred in connection with representation in the appeal against the decision of the Cancellation Division of OHIM.

Pleas in law

—

Infringement of Article 64 of Regulation No 207/2009, read in conjunction with Article 41(2)(a) of the Charter of Fundamental Rights of the European Union.

—

Infringement of Article 8(1)(b) of Regulation No 207/2009 in that the application for a declaration that the trade mark was invalid was made by way of an abuse of power.

—

Incorrect application and interpretation of Article 53(1)(a), read in conjunction with Article 8(1)(b) of Regulation No 207/2009, in that there is no likelihood of confusion.

—

Incorrect application and interpretation of Rule 94(1) and (7) of Commission Regulation No 2868/95, read in conjunction with Article 85(1) of Regulation No 207/2009.
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