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Case T-131/13: Action brought on 1 March 2013 — Lardini v OHIM (Representation of a flower)
ECLI:EU:UNKNOWN:62013TN0131
62013TN0131
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18.5.2013
Official Journal of the European Union
C 141/23
(Case T-131/13)
2013/C 141/41
Language of the case: Italian
Parties
Applicant: Lardini Srl (Filottrano, Italy) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the First Board of Appeal of OHIM of 13 December 2012 in Case R 2578/2011-1; and
—order OHIM to pay the costs of the proceedings in their entirety, including the costs incurred during the appeal procedure in Case R 2578/2011-1
Pleas in law and main arguments
Community trade mark concerned: Position mark in the form of a flower for goods in Class 25
Decision of the Examiner: Application refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009