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Case T-563/15: Action brought on 24 September 2015 — Paglieri Sell System v OHIM (APOTEKE)
ECLI:EU:UNKNOWN:62015TN0563
62015TN0563
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9.11.2015
EN
Official Journal of the European Union
C 371/45
(Case T-563/15)
(2015/C 371/46)
Language of the case: Italian
Parties
Applicant: Paglieri Sell System SpA (Pozzolo Formigaro, Italy) (represented by: P. Pozzi and F. Braga, lawyers)
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 containing the word element ‘APOTEKE’ — Application for registration No 13 014 691
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 23 July 2015 in Case R 2428/2014-5
Form of order sought
The applicant claims that the Court should:
—declare that there was a breach and incorrect application of Article 7(1)(b) and (c) and (2) of Regulation No 207/2009;
—declare that there was a breach of Article 75 of Regulation No 207/2009;
—annul the contested decision;
—order OHIM to pay the costs and fees incurred for the present proceedings.
Pleas in law
—Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009;
—Infringement of Article 7(2) of Regulation No 207/2009;
—Infringement of Article 75 of Regulation No 207/2009.