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Case T-473/15: Action brought on 14 August 2015 — Capella v OHIM — Abus (APUS)
ECLI:EU:UNKNOWN:62015TN0473
62015TN0473
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Official Journal of the European Union
C 328/33
(Case T-473/15)
(2015/C 328/30)
Language in which the application was lodged: German
Parties
Applicant: Capella EOOD (Sofia, Bulgaria) (represented by: F. Henkel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Abus August Bremicker Söhne KG (Wetter/Volmarstein, Germany)
Details of the proceedings before OHIM
Applicant: Capella EOOD
Trade mark at issue: Community word mark ‘APUS’ — Application for registration No 10 415 511
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 2 June 2015 in Case R 117/2014-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and refer the case back to the Board of Appeal;
—order OHIM to pay the costs.
Plea in law
—Infringement of the second sentence of Article 75 of Regulation No 207/2009.