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Case T-728/14: Action brought on 10 October 2014 — Universal Protein Supplements Corp. d/b/a Universal Nutrition v OHIM — H. Young Holdings (animal)
ECLI:EU:UNKNOWN:62014TN0728
62014TN0728
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Official Journal of the European Union
C 431/44
(Case T-728/14)
(2014/C 431/69)
Language in which the application was lodged: English
Parties
Applicant: Universal Protein Supplements Corp. d/b/a Universal Nutrition (New Brunswick, United States) (represented by: S. Malynicz, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: H. Young Holdings plc (Newbury, United Kingdom)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark containing the verbal element ‘animal’ — Community trade mark No 2 8 24 548
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 31 July 2014 in Case R 2058/2013-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM and the other party to pay their own costs and those of the applicant.
Pleas in law
—Infringement of Article 8(4) of Regulation No 207/2009;
—Infringement of Article 37(b)(ii) of Regulation No 2868/95.