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Case T-287/15: Action brought on 1 June 2015 — Tayto Group v OHIM — MIP Metro (real)
ECLI:EU:UNKNOWN:62015TN0287
62015TN0287
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24.8.2015
EN
Official Journal of the European Union
C 279/39
(Case T-287/15)
(2015/C 279/48)
Language in which the application was lodged: English
Parties
Applicant: Tayto Group Ltd (Corby, United Kingdom) (represented by: G. Würtenberger and R. Kunze, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Figurative mark in red and blue containing the word element ‘real’ — Community trade mark No 38 968
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 16 March 2015 in Case R 2285/2013-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in part;
—order OHIM to pay the costs.
Pleas in law
—Infringement of Articles 15, 51, 64, 75 and 76 of Regulation No 207/2009.