11.1.2016

Official Journal of the European Union

C 7/31

(Case T-612/15)

(2016/C 007/41)

Language of the case: Italian

Parties

Applicant: Basic Net SpA (Turin, Italy) (represented by: D. Sindico, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Details of the proceedings before OHIM

Trade mark at issue: Community figurative mark ‘Representation of three vertical stripes’ — Application for registration No 12 880 481

Contested decision: Decision of the First Board of Appeal of OHIM of 14 August 2015 in Case R 2845/2014-1

Form of order sought

The applicant claims that the Court should:

principally:

—alter the contested decision on the basis of the arguments, contained in the present application in conjunction with the evidence and documents adduced in the first two stages of the proceedings and, without referring the case back, grant the application for registration No 12 880 481, on the ground that the contested decision must be regarded as flawed for breach, first, of the rules laid down in Articles 7(1)(b) and 75 of Regulation No 207/2009, or, second, of the rules laid down in Article 7(3) of that regulation.

In the alternative:

—annul the contested decision and refer the case back to the Board of Appeal;

—determine the amount of the costs of the proceedings to be borne by OHIM.

Pleas in law

—Infringement of Article 7(1)(b) of Regulation No 207/2009;

—Infringement of Article 7(3) of Regulation No 207/2009;

—Infringement of Article 75 of Regulation No 207/2009.