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Valentina R., lawyer
EN
2014/C 24/55
Language in which the application was lodged: English
Applicant: Sanctuary Brands LLC (New Canaan, United States) (represented by: B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Richter International Ltd (Scarborough, Canada)
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 August 2013 given in Case R 1115/2012-1;
—Order the defendant to pay the costs of proceedings.
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 the verbal element ‘TAILORBYRD’ for goods in Class 25 — Community trade mark application No 9 325 549
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Non-registered figurative mark containing the verbal element ‘TAILORBYRD’, non-registered word mark and trade name ‘TAILORBYRD’ and the company name ‘Tailorbyrd, LLC’, used in the course of trade in the United Kingdom for ‘clothing, shirts’
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(4) CTMR.