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Case T-210/14: Action brought on 1 April 2014 — Mederer/OHIM — Cadbury Netherlands International Holdings (Gummi Bear-Rings)
ECLI:EU:UNKNOWN:62014TN0210
62014TN0210
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Valentina R., lawyer
28.7.2014
EN
Official Journal of the European Union
C 245/15
(Case T-210/14)
2014/C 245/21
Language in which the application was lodged: English
Parties
Applicant: Mederer GmbH (Fürth, Germany) (represented by: C. Sachs and O. Ruhl, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Cadbury Netherlands International Holdings BV (Breda, Netherlands)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2013 in case R 225/2013-5;
—Order the defendant and the other party to the proceedings to pay the costs incurred during the proceedings before the OHIM and the General Court.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark containing the word elements ‘Gummi Bear-Rings’ for goods in Class 30 — International registration No 1 051 028 designating the European Union
Proprietor of the mark or sign cited in the opposition proceedings: Cadbury Netherlands International Holdings BV
Mark or sign cited in opposition: The national figurative mark containing the word element ‘Gummy’
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) and 76(1) of Regulation No 207/2009