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Case T-566/15: Action brought on 28 September 2015 — Excalibur City v OHIM — Ferrero (MERLIN'S KINDERWELT)
ECLI:EU:UNKNOWN:62015TN0566
62015TN0566
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30.11.2015
EN
Official Journal of the European Union
C 398/67
(Case T-566/15)
(2015/C 398/81)
Language in which the application was lodged: English
Parties
Applicant: Excalibur City s.r.o. (Znojmo, Czech Republic) (represented by:E. EnginDeniz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Ferrero SpA (Alba, Italy)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘MERLIN’S KINDERWELT’– Application for registration No 1 1 2 02 066
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 16 July 2015 in Case R 1617/2014-1
Form of order sought
The applicant claims that the Court should:
—alter the contested decision so as to reject the opposition of the Opponent;
in eventu
—annul the contested decision as well as the decision of the Opposition Division of 26 May 2014, opposition No B 002152844;
—order OHIM to pay the fees and costs of the proceedings.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 8(5) of Regulation No 207/2009.