5.10.2015   

EN

Official Journal of the European Union

C 328/31


Action brought on 10 August 2015 — Automobile Club di Brescia v OHIM — Rebel Media (e-miglia)

(Case T-458/15)

(2015/C 328/28)

Language in which the application was lodged: Italian

Parties

Applicant: Automobile Club di Brescia (Brescia, Italy) (represented by: F. Celluprica and F. Fischetti, lawyers)

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

Other party to the proceedings before the Board of Appeal: Rebel Media Ltd (Wilmslow, United Kingdom)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word elements ‘e-miglia’ — Application for registration No 9 782 673

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 9 June 2015 in Case R 1990/2014-5

Form of order sought

The applicant claims that the Court should:

annul only paragraphs 3 and 4 of the contested decision;

confirm the decision of the Opposition Division of OHIM of 30 May 2014 concerning opposition No B 1 900 540 in its entirety, except for the part relating to compensation of expenses;

order the other party to pay the costs, including the costs of all proceedings before OHIM.

Plea in law

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