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Case T-461/15: Action brought on 10 August 2015 — Guccio Gucci v OHIM — Guess? IP Holder (Representation of interlaced signs)
ECLI:EU:UNKNOWN:62015TN0461
62015TN0461
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Official Journal of the European Union
C 328/32
(Case T-461/15)
(2015/C 328/29)
Language in which the application was lodged: English
Parties
Applicant: Guccio Gucci SpA (Florence, Italy) (represented by: P. Roncaglia, F. Rossi and N. Parrotta, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Guess? IP Holder LP (Los Angeles, United States)
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: Figurative mark (Representation of interlaced signs) — Community trade mark No 5 538 012
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 27 May 2015 in Case R 2049/2014-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM to pay the costs incurred by the applicant during these proceedings;
—order Guess? IP Holder L.P. to pay the costs incurred by the applicant in the proceedings before both the OHIM Cancellation Division and the Board of Appeal.
Pleas in law
—Infringement of Article 75 of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 8(5) of Regulation No 207/2009.