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Document 62015TN0019
Case T-19/15: Action brought on 16 January 2015 — Gómez Echevarría/OHIM — M and M Direct (wax by Yuli’s)
Case T-19/15: Action brought on 16 January 2015 — Gómez Echevarría/OHIM — M and M Direct (wax by Yuli’s)
Case T-19/15: Action brought on 16 January 2015 — Gómez Echevarría/OHIM — M and M Direct (wax by Yuli’s)
IO C 89, 16.3.2015, p. 33–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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16.3.2015 |
EN |
Official Journal of the European Union |
C 89/33 |
Action brought on 16 January 2015 — Gómez Echevarría/OHIM — M and M Direct (wax by Yuli’s)
(Case T-19/15)
(2015/C 089/40)
Language in which the application was lodged: Spanish
Parties
Applicant: Yuleidy Caridad Gómez Echevarría (Benalmádena, Spain) (represented by: E. López-Chicheri y Selma, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: M and M Direct Ltd (London, United Kingdom)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘wax by Yuli’s’ — Community trade mark No 9 0 99 367
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 6 November 2014 in Case R 951/2014-1
Form of order sought
The applicant claims that the Court should:
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annul the decision of the First Board of Appeal of OHIM of 6 November 2014, and order the applicant for a declaration of invalidity to pay the costs of the proceedings contesting the trade mark as well as those of the present proceedings; |
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in the alternative, should the form of order sought above not be granted, alter the decision of the First Board of Appeal of OHIM of 6 November 2014 and dismiss the application for a declaration that Community trade mark No 9 0 99 367‘wax by Yuli’s’ is invalid, and order the applicant for a declaration of invalidity to pay the costs of the proceedings contesting the trade mark as well as those of the present proceedings; |
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in the further alternative, should the forms of order sought above not be granted, alter the decision of the First Board of Appeal of OHIM of 6 November 2014 as to the costs and set aside those incurred in connection with representation in the appeal against the decision of the Cancellation Division of OHIM. |
Pleas in law
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Infringement of Article 64 of Regulation No 207/2009, read in conjunction with Article 41(2)(a) of the Charter of Fundamental Rights of the European Union. |
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Infringement of Article 8(1)(b) of Regulation No 207/2009 in that the application for a declaration that the trade mark was invalid was made by way of an abuse of power. |
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Incorrect application and interpretation of Article 53(1)(a), read in conjunction with Article 8(1)(b) of Regulation No 207/2009, in that there is no likelihood of confusion. |
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Incorrect application and interpretation of Rule 94(1) and (7) of Commission Regulation No 2868/95, read in conjunction with Article 85(1) of Regulation No 207/2009. |