13.4.2015 |
EN |
Official Journal of the European Union |
C 118/39 |
Action brought on 17 February 2015 — ROD Leichtmetallräder v OHIM — Rodi TR (ROD)
(Case T-75/15)
(2015/C 118/50)
Language in which the application was lodged: English
Parties
Applicant: ROD Leichtmetallräder GmbH (Weiden in der Oberpfalz, Germany) (represented by: J. Hellenbrand and J. Biener, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Rodi TR, SL (Lleida, Spain)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘ROD’ — Community trade mark No 5 6 94 989
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 17 December 2014 in Case R 281/2014-5
Form of order sought
The applicant claims that the Court should:
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Annul the contested decision; |
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Annul the decision of OHIM’s Cancellation Division of 22 November 2013; |
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Order OHIM to pay the costs of the proceedings before the General Court as well as the costs of the proceedings before OHMI’s Board of Appeal. |
Pleas in law
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Infringement of Article 65(2) in connection with Article 8(1)(b) of Regulation No 207/2009; |
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Infringement of an essential procedural requirement — infringement of Rules 39(3) and 37(b)(ii) of Regulation No 2868/95. |