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Case T-75/15: Action brought on 17 February 2015 — ROD Leichtmetallräder v OHIM — Rodi TR (ROD)
ECLI:EU:UNKNOWN:62015TN0075
62015TN0075
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13.4.2015
EN
Official Journal of the European Union
C 118/39
(Case T-75/15)
(2015/C 118/50)
Language in which the application was lodged: English
Parties
Applicant: ROD Leichtmetallräder GmbH (Weiden in der Oberpfalz, Germany) (represented by: J. Hellenbrand and J. Biener, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Rodi TR, SL (Lleida, Spain)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘ROD’ — Community trade mark No 5 6 94 989
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 17 December 2014 in Case R 281/2014-5
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision;
—Annul the decision of OHIM’s Cancellation Division of 22 November 2013;
—Order OHIM to pay the costs of the proceedings before the General Court as well as the costs of the proceedings before OHIM’s Board of Appeal.
Pleas in law
—Infringement of Article 65(2) in connection with Article 8(1)(b) of Regulation No 207/2009;
—Infringement of an essential procedural requirement — infringement of Rules 39(3) and 37(b)(ii) of Regulation No 2868/95.