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Case T-169/14: Action brought on 17 March 2014 — Ferring v OHIM — Kora Corporation (Koragel)
ECLI:EU:UNKNOWN:62014TN0169
62014TN0169
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19.5.2014
EN
Official Journal of the European Union
C 151/28
(Case T-169/14)
2014/C 151/35
Language in which the application was lodged: English
Parties
Applicant: Ferring BV (Hoofddorp, Netherlands) (represented by: A. Thünken, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Kora Corporation Ltd (Swords, Ireland)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 January 2014 given in Case R 721/2013-4;
—Order the defendant and the intervener, should it intervene, to pay the costs of proceedings.
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 word mark ‘Koragel’ for goods in Class 5 –Community trade mark application No 10 490 027
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The word mark ‘CHORAGON’ for goods in Class 5 — Community trade mark registration No 8 695 314
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8 (1)(b) CTMR.