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Case T-742/14: Action brought on 3 November 2014 — Alpha Calcit v OHIM — Materis Paints Italia (CALCILITE)
ECLI:EU:UNKNOWN:62014TN0742
62014TN0742
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22.12.2014
EN
Official Journal of the European Union
C 462/29
(Case T-742/14)
(2014/C 462/42)
Language in which the application was lodged: English
Parties
Applicant: Alpha Calcit Füllstoffgesellschaft mbH (Cologne, Germany) (represented by: F. Hauck, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Materis Paints Italia SpA (Novate Milanese, Italy)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: The other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark ‘CALCILITE’ — Community trade mark No 5 0 74 745
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 4 September 2014 in Case R 753/2013-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision with regard to the following goods: paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, colorants, mordants, raw natural resins (class 2); pargets (class 19);
—order OHIM to pay the costs.
Pleas in law
—Infringement of Articles 53(1)(a) and 8(1)(b) of Regulation No 207/2009.