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Case T-249/13: Action brought on 2 May 2013 — MHCS/OHIM — Ambra (DORATO)
ECLI:EU:UNKNOWN:62013TN0249
62013TN0249
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Official Journal of the European Union
C 207/39
(Case T-249/13)
2013/C 207/65
Language in which the application was lodged: English
Parties
Applicant: MHCS (Epernay, France) (represented by: P. Boutron, N. Moya Fernández and L-E. Balleydier, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Ambra S.A. (Warsaw, Poland)
Form of order sought
The applicant claims that the Court should:
—Declare admissible the here concerned appeal and enclosures;
—Annul the Second Board of Appeal’s decision;
—Condemn the OHIM and the intervener to bear the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark containing a device of a bottle neck label and the word element ‘DORATO’ for goods in class 33 — Community trade mark application No 9 131 228
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Figurative marks containing a device of a bottle neck label for goods in class 33
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.