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Case T-485/14: Action brought on 26 June 2014 — Bon Net v OHIM — Aldi (Bon Appétit!)
ECLI:EU:UNKNOWN:62014TN0485
62014TN0485
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11.8.2014
EN
Official Journal of the European Union
C 261/53
(Case T-485/14)
2014/C 261/83
Language in which the application was lodged: English
Parties
Applicant: Bon Net OOD (Sofia, Bulgaria) (represented by: A. Ivanova, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Aldi GmbH & Co. KG (Mülheim/Ruhr, Germany)
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 14 April 2014 given in Case R 1199/2013-2.
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 figurative mark in colours red, white and blue containing the verbal elements ‘Bon Appétit!’ for goods in Class 29 — Community trade mark application No 8 6 93 764
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: National trade mark registrations
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.