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Case T-581/14: Action brought on 30 July 2014 — Vierling v OHMI — IP Leanware (BRAINCUBE)
ECLI:EU:UNKNOWN:62014TN0581
62014TN0581
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6.10.2014
EN
Official Journal of the European Union
C 351/21
(Case T-581/14)
2014/C 351/26
Language in which the application was lodged: English
Parties
Applicant: Yvonne Vierling (Cologne, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: IP Leanware (Issoire, France)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 April 2014 given in Case R 1486/2013-2.
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 word mark ‘BRAINCUBE’ for goods and services in Classes 9 and 38 — Community trade mark application No 10 461 713
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The earlier German trade mark of the word mark ‘Braincube’
Decision of the Opposition Division: Partially upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.