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Document 62014TN0751

    Case T-751/14: Action brought on 7 November 2014 — Hikari Miso v OHIM — Nishimoto Trading (Hikari)

    IO C 7, 12.1.2015, p. 44–44 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    07/11/2014
    Date lodged:
    07/11/2014
    Author:
    Cúirt Ghinearálta
    Form:
    Faisnéis bhreithiúnach
    Authentic language:
    Béarla

    12.1.2015   

    EN

    Official Journal of the European Union

    C 7/44

    Action brought on 7 November 2014 — Hikari Miso v OHIM — Nishimoto Trading (Hikari)

    (Case T-751/14)

    (2015/C 007/50)

    Language in which the application was lodged: English

    Parties

    Applicant: Hikari Miso Co. Ltd (Suwa-gun, Japan) (represented by: D. McFarland, Barrister)

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

    Other party to the proceedings before the Board of Appeal: Nishimoto Trading Co. Ltd (Santa Fe Springs, United States)

    Details of the proceedings before OHIM

    Applicant: The other party to the proceedings before the Board of Appeal

    Trade mark at issue: Application for registration No 9 5 69  501

    Procedure before OHIM: Opposition proceedings

    Contested decision: Decision of the Fourth Board of Appeal of OHIM of 8 September 2014 in Case R 2394/2013-4

    Form of order sought

    The applicant claims that the Court should:

    —

    annul and/or set aside the contested decision;

    —

    award the costs in favour of the Applicant and reverse the costs award made by the Fourth Board of Appeal.

    Pleas in law

    —

    The decision of the Fourth Board of Appeal is based upon errors of law and/or fact;

    —

    The Fourth Board of Appeal exceeded its powers and function, by indulging in accepting as proven facts submissions which amounted to no more than suppositions and hypothesis, in respect of which no evidence had been adduced.
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