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Case T-96/13: Action brought on 22 February 2013 — Rot Front/OHIM — Rakhat (Macka)
ECLI:EU:UNKNOWN:62013TN0096
62013TN0096
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27.4.2013
EN
Official Journal of the European Union
C 123/18
(Case T-96/13)
2013/C 123/30
Language in which the application was lodged: English
Parties
Applicant: Rot Front OAO (Moscow, Russia) (represented by: B. Térauda, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Rakhat AO (Almaty, Kazakhstan)
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision;
—Order the defendant to pay 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 the word element ‘Macka’ for goods in classes 29 and 30 — Community trade mark application No 9 556 135
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Non-registered figurative mark containing a device of bag with the word element ‘Macka’ for ‘confectionery’ goods in Greece and Germany
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) of Council Regulation No 207/2009.