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Case T-103/16: Action brought on 11 March 2016 — Aldi Einkauf v OHIM — Weetabix (Alpenschmaus)
ECLI:EU:UNKNOWN:62016TN0103
62016TN0103
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Official Journal of the European Union
C 156/53
(Case T-103/16)
(2016/C 156/72)
Language in which the application was lodged: German
Parties
Applicant: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, C. Fürsen and N. Bertram, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Weetabix Ltd (Kettering, United Kingdom)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU figurative mark with the word element ‘Alpenschmaus’ — Application for registration No 10 198 992
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 12 January 2016 in Case R 2725/2014-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.