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25.1.2014 |
EN |
Official Journal of the European Union |
C 24/25 |
Action brought on 30 October 2013 — Verus v OHIM — Joie International (MIRUS)
(Case T-576/13)
2014/C 24/45
Language in which the application was lodged: German
Parties
Applicant: Verus Eood (Sofia, Bulgaria) (represented by: C. Röhl, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Joie International Co. Ltd (Hong Kong, China)
Form of order sought
The applicant claims that the General Court should:
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vary the decision of the Fifth Board of Appeal of 23 August 2013 in Case R 715/2012-5 so that the opposition is entirely upheld and the application for Community trade mark 9599416 is rejected; |
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order the defendant to pay the costs of the proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: Joie International Co. Ltd
Community trade mark concerned: word mark ‘MIRUS’ for goods in Class 12 — application for Community trade mark No 9 599 416
Proprietor of the mark or sign cited in the opposition proceedings: the applicant
Mark or sign cited in opposition: German word mark ‘MIRUS’ for goods in Classes 12, 25 and 28
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: annulment of the contested decision and rejection of the opposition
Pleas in law: infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.