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Document 62014TN0581

Case T-581/14: Action brought on 30 July 2014 — Vierling v OHMI — IP Leanware (BRAINCUBE)

OJ C 351, 6.10.2014, p. 21–21 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

6.10.2014   

EN

Official Journal of the European Union

C 351/21


Action brought on 30 July 2014 — Vierling v OHMI — IP Leanware (BRAINCUBE)

(Case T-581/14)

2014/C 351/26

Language in which the application was lodged: English

Parties

Applicant: Yvonne Vierling (Cologne, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)

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

Other party to the proceedings before the Board of Appeal: IP Leanware (Issoire, France)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 April 2014 given in Case R 1486/2013-2.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘BRAINCUBE’ for goods and services in Classes 9 and 38 — Community trade mark application No 10 461 713

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: The earlier German trade mark of the word mark ‘Braincube’

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR.


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