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Case C-207/15 P: Appeal brought on 4 May 2015 by Nissan Jidosha KK against the judgment of the General Court (Third Chamber) delivered on 4 March 2015 in Case T-572/12: Nissan Jidosha KK v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
ECLI:EU:UNKNOWN:62015CN0207
62015CN0207
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10.8.2015
Official Journal of the European Union
C 262/3
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(Case C-207/15 P)
(2015/C 262/04)
Language of the case: English
Parties
Appellant: Nissan Jidosha KK (represented by: B. Brandreth, barrister, D. Cañadas Arcas, abogada)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The appellant claims that the Court should:
—Set aside the decision of the General Court of 4 March 2015 (Case T-572/12);
—Annul the decision of the First Board of Appeal of 6 September 2012 (Case R 2469/2011-1);
—Order OHIM to pay the Appellant’s costs.
Pleas in law and main arguments
The appellant maintains that the General Court erred in law in its interpretation of Article 47 of Community Trade Mark Regulation (EC) No 207/2009 (CTMR). In particular, it erred in holding that Article 47 does not permit sequential requests for renewal. Incidental to its erroneous interpretation of Art 47 CTMR the General Court erred in its interpretation of Art 48 CTMR in holding that it applied only to the sign of the Community Trade Mark.
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
OJ L 78, p. 1
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