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Case T-753/14: Action brought on 14 November 2014 — Ice Mountain Ibiza v OHIM — Etyam (ocean beach club ibiza)
ECLI:EU:UNKNOWN:62014TN0753
62014TN0753
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26.1.2015
EN
Official Journal of the European Union
C 26/36
(Case T-753/14)
(2015/C 026/47)
Language in which the application was lodged: Spanish
Parties
Applicant: Ice Mountain Ibiza, SL (San Antonio, Spain) (represented by: J.L. Gracia Albero and F. Miazzetto, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Etyam, SL (Islas Baleares, Spain)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘ocean beach club ibiza’ — Application for registration No 1 0 6 10 491
Procedure before OHIM: Partial opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 31 July 2014 in Case R 2293/2013-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM to pay the costs, including all those resulting to date from proceedings before the Opposition Division and the First Board of Appeal of OHIM at earlier stages of the proceedings which have led to the present action.
Pleas in law
—Infringement of Article 75 of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009.