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Case T-693/15: Action brought on 27 November 2015 — Clover Canyon v OHIM — Kaipa Sportswear (CLOVER CANYON)

ECLI:EU:UNKNOWN:62015TN0693

62015TN0693

November 27, 2015
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EN

Official Journal of the European Union

C 38/68

(Case T-693/15)

(2016/C 038/92)

Language in which the application was lodged: English

Parties

Applicant: Clover Canyon, Inc. (Los Angeles, United States) (represented by: T. Schmitz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Kaipa Sportswear GmbH (Heilbronn, Germany)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: International registration designating the European Union in respect of the word mark ‘CLOVER CANYON’ — Application for registration No 1 120 485

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 4 August 2015 in Case R 3018/2014-5

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

impose the costs of the application on the Defendant including the costs of the appeal proceedings; or

impose the costs of the application on the other party to the proceedings before the Board of Appeal of OHIM including the costs of the appeal proceedings.

Plea in law

Infringement of Article 8(1)(b) Regulation No 207/2009.

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