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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)

    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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