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Document 62015TN0713

    Case T-713/15: Action brought on 30 November 2015 — Pharm-a-care Laboratories v OHIM — Pharmavite (VITAMELTS)

    IO C 38, 1.2.2016, p. 73–74 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    1.2.2016   

    EN

    Official Journal of the European Union

    C 38/73

    Action brought on 30 November 2015 — Pharm-a-care Laboratories v OHIM — Pharmavite (VITAMELTS)

    (Case T-713/15)

    (2016/C 038/99)

    Language in which the application was lodged: English

    Parties

    Applicant: Pharm-a-care Laboratories Pty. Ltd (Sydney, Australia) (represented by: I. De Freitas, Solicitor)

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

    Other party to the proceedings before the Board of Appeal: Pharmavite LLC (California, United States)

    Details of the proceedings before OHIM

    Proprietor of the trade mark at issue: Applicant

    Trade mark at issue: Community word mark ‘VITAMELTS’ — Community trade mark No 11 403 581

    Procedure before OHIM: Proceedings for a declaration of invalidity

    Contested decision: Decision of the First Board of Appeal of OHIM of 10 September 2015 in Case R 2649/2014-1

    Form of order sought

    The applicant claims that the Court should:

    —

    annul the contested decision;

    —

    confirm the decision of the Cancellation Division in its entirety so that Application for Revocation No. 8627 C is rejected;

    —

    order OHIM and Pharmavite LLC to pay the Appellant’s costs in relation to these proceedings.

    Pleas in law

    —

    The Board of Appeal infringed Article 52(1)(b) of Regulation No 207/2009. It erred in law in finding that the Appellant has acted in bad faith when filing the application for registration of the contested trade mark;

    —

    The Board of Appeal’s decision is based, in part, on an infringement of an essential procedural requirement, namely the failure to provide the Appellant with an opportunity to respond to evidence submitted by the Cancellation Applicant.
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