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Case T-93/15: Action brought on 20 February 2015 — Navitar v OHIM — Elukuva (NaviTar)
ECLI:EU:UNKNOWN:62015TN0093
62015TN0093
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Official Journal of the European Union
C 127/35
(Case T-93/15)
(2015/C 127/48)
Language in which the application was lodged: English
Parties
Applicant: Navitar, Inc. (Rochester, United States) (represented by: J. Mattes, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: MTÜ Elukuva (Tallinn, Estonia)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community word mark ‘NaviTar’ — Application for registration No 11 147 246
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 5 December 2014 in Case R 401/2014-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM to pay the costs, including those incurred by the applicant before the Board of Appeal;
—order MTÜ Elukuva to pay the costs, including those incurred by the applicant before the Board of Appeal, in case MTÜ Elukuva should become an intervening party in this case.
Plea(s) in law
—Infringement of Article 41(1) in conjunction with Article 8(1)(b) of Regulation No 207/2009.