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Case T-745/15: Action brought on 22 December 2015 — FH Scorpio v OHIM — Eckes-Granini Group (YO!)
ECLI:EU:UNKNOWN:62015TN0745
62015TN0745
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EN
Official Journal of the European Union
C 59/45
(Case T-745/15)
(2016/C 059/52)
Language in which the application was lodged: Polish
Parties
Applicant: FH Scorpio (Łódź, Poland) (represented by: R. Rumpel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Eckes-Granini Group GmbH (Nieder-Olm, Germany)
Details of the proceedings before OHIM
Applicant for the contested mark: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘YO!’ — Application for registration No 11 208 436
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 2 October 2015 in Case R 1546/2014-2
Form of order sought
The applicant claims that the Court should:
—declare the action well founded;
—annul the contested decision in so far as it concerns registration of the mark ‘YO!’ 011208436;
—alter the contested decision in such a way that the mark may be registered for all goods and services claimed;
—order OHIM to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.