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Case T-431/15: Action brought on 30 July 2015 — Fruit of the Loom v OHIM — Takko (FRUIT)
ECLI:EU:UNKNOWN:62015TN0431
62015TN0431
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28.9.2015
EN
Official Journal of the European Union
C 320/39
(Case T-431/15)
(2015/C 320/56)
Language in which the application was lodged: English
Parties
Applicant: Fruit of the Loom, Inc. (Bowling Green, United States) (represented by: S. Malynicz, Barrister, and V. Marsland, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Takko Holding GmbH (Telgte, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘FRUIT’ — Community trade mark registration No 5 077 508
Procedure before OHIM: Revocation proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 12 May 2015 in Case R 1641/2014-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM and other party to bear their own costs and pay those of the applicant.
Plea in law
—Infringement of Article 51(1) of Regulation No 207/2009.