29.2.2016

Official Journal of the European Union

C 78/28

Action brought on 28 December 2015 — Labeyrie v OHIM — Delpeyrat (Representation of a sowing of light coloured fish on a dark background)

(Case T-767/15)

(2016/C 078/39)

Language in which the application was lodged: French

Parties

Applicant: Labeyrie (Saint-Geours-de-Maremne, France) (represented by: A. Lecomte, lawyer)

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

Other party to the proceedings before the Board of Appeal: Delpeyrat (Saint Pierre du Mont, France)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark without any representation of colours (Representation of a sowing of light coloured fish on a dark background) — Community trade mark No 3 916 533

Procedure before OHIM: Proceedings for revocation

Contested decision: Decision of the First Board of Appeal of OHIM of 15 October 2015 in Case R 2694/2014-1

Form of order sought

The applicant claims that the Court should:

—	annul the contested decision, in that it confirmed the decision of the Invalidity Division of OHIM revoking the rights of the company LABEYRIE over its Community mark No 3 916 533 to designate fish;

—	order the defendant to pay the costs.

Plea in law

—	Infringement of Article 51(1)(a) of Regulation No 207/2009, in conjunction with Article 1(1)(a) of that regulation, and of Rule 22 and Rule 40 of Regulation No 2868/95.