21.3.2016 |
EN |
Official Journal of the European Union |
C 106/42 |
Action brought on 26 January 2016 — Caffè Nero Group v OHIM (CAFFÈ NERO)
(Case T-37/16)
(2016/C 106/50)
Language of the case: English
Parties
Applicant: Caffè Nero Group Ltd (London, United Kingdom) (represented by: L. Cassidy, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Trade mark at issue: Community figurative mark containing the word elements ‘CAFFÈ NERO’ — Application for registration No 13 436 175
Contested decision: Decision of the First Board of Appeal of OHIM of 6 November 2015 in Case R 954/2015-1
Form of order sought
The applicant claims that the Court should:
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annul the contested decision; |
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allow Community trade mark application No. 13436175 to proceed to registration; |
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waive the objections to the CTM Application under Articles 7(1)(b), (c) and (g) and Article 7(2); |
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allows the CTM Application to proceed to acceptance and advertisement for all covered goods and services; |
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order OHIM to pay the Applicant’s costs in this matter. |
Pleas in law
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Infringement of Article 7(1)(b), (c) and (g) Regulation No 207/2009; |
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Infringement of Article 7(2) of Regulation No 207/2009. |