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Document 62013TN0096

    Case T-96/13: Action brought on 22 February 2013 — Rot Front/OHIM — Rakhat (Macka)

    SL C 123, 27.4.2013, p. 18–18 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    27.4.2013   

    EN

    Official Journal of the European Union

    C 123/18


    Action brought on 22 February 2013 — Rot Front/OHIM — Rakhat (Macka)

    (Case T-96/13)

    2013/C 123/30

    Language in which the application was lodged: English

    Parties

    Applicant: Rot Front OAO (Moscow, Russia) (represented by: B. Térauda, lawyer)

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

    Other party to the proceedings before the Board of Appeal: Rakhat AO (Almaty, Kazakhstan)

    Form of order sought

    The applicant claims that the Court should:

    Annul the contested decision;

    Order the defendant to pay the costs.

    Pleas in law and main arguments

    Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

    Community trade mark concerned: The figurative mark containing the word element ‘Macka’ for goods in classes 29 and 30 — Community trade mark application No 9 556 135

    Proprietor of the mark or sign cited in the opposition proceedings: The applicant

    Mark or sign cited in opposition: Non-registered figurative mark containing a device of bag with the word element ‘Macka’ for ‘confectionery’ goods in Greece and Germany

    Decision of the Opposition Division: Rejected the opposition

    Decision of the Board of Appeal: Dismissed the appeal

    Pleas in law: Infringement of Article 8(4) of Council Regulation No 207/2009.


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