7.12.2015 |
EN |
Official Journal of the European Union |
C 406/31 |
Action brought on 13 May 2015 — Vince v OHIM (ELECTRIC HIGHWAY)
(Case T-315/15)
(2015/C 406/32)
Language of the case: English
Parties
Applicant: Dale Vince (Gloucestershire, United Kingdom) (represented by: B. Longstaff, barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Trade mark at issue: Community word mark ‘ELECTRIC HIGHWAY’ — Application for registration No 010655819
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 3 March 2015 in Case R 1442/2014-5
Form of order sought
The applicant claims that the Court should:
— |
annul the contested decision; |
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allow the applicant’s application for the mark to proceed in full to registration; |
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order OHIM to pay its own costs and those of the applicant. |
Pleas in law
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Incorrect interpretation of the meaning of the mark in relation to Article 7(1)(c) of Regulation No 207/2009; |
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Incorrect interpretation of the relevant services in Class 39; |
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The meaning of the mark asserted by the Board does not describe the services in any event; |
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Incorrect application of Article 7(1)(b) of Regulation No 207/2009. |