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Document 62014TN0440

Case T-440/14: Action brought on 13 June 2014 — Premo v OHIM — Prema Semiconductor (PREMO)

OJ C 315, 15.9.2014, p. 66–67 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

15.9.2014   

EN

Official Journal of the European Union

C 315/66

Action brought on 13 June 2014 — Premo v OHIM — Prema Semiconductor (PREMO)

(Case T-440/14)

2014/C 315/111

Language in which the application was lodged: English

Parties

Applicant: Premo, SL (Málaga, Spain) (represented by: E. Cornu, F. de Visscher and E. De Gryse, lawyers)

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

Other party to the proceedings before the Board of Appeal: Prema Semiconductor GmbH (Mainz, Germany)

Form of order sought

The applicant claims that the Court should:

—

Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 April 2014 in Case R 1719/2011-5;

—

Subsidiarily, annul the contested decision to the extent that it upheld the opposition regarding ‘induction coils’, ‘inductive resisters’, ‘electric transformers’ and ‘antiparasitic transformers and filters’;

—

Order the OHIM, and if appropriate the intervening party, to pay the costs

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘PREMO’ for goods in Class 9 — Community trade mark application No 5 5 20  788

Proprietor of the mark or sign cited in the opposition proceedings: Prema Semiconductor GmbH

Mark or sign cited in opposition: The national word mark ‘PREMA’ for goods in Class 9

Decision of the Opposition Division: The opposition was partially upheld

Decision of the Board of Appeal: The appeal was partially dismissed

Pleas in law:

—

Infringement of Rule 22, 6o of Regulation 2868/95 and the rights of defence of the Applicant;

—

Infringement of Article 42(2) and (3) of Regulation No 207/2009

—

Infringement of Article 8(1)(b) of Regulation No 207/2009.
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