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Case T-621/15: Action brought on 9 November 2015 — Tractel Greifzug v OHIM — Jiangsu Shenxi Construction Machinery (Shape of a motorised rope winch)
ECLI:EU:UNKNOWN:62015TN0621
62015TN0621
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18.1.2016
Official Journal of the European Union
C 16/44
(Case T-621/15)
(2016/C 016/52)
Language in which the application was lodged: German
Parties
Applicant: Tractel Greifzug GmbH (Bergisch Gladbach, Germany) (represented by: U. Lüken and C. Maierhöfer, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Jiangsu Shenxi Construction Machinery Co. Ltd (Wuxi, China)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Three-dimensional Community trade mark (Shape of a motorised rope winch) — Community trade mark No 7 033 061
Procedure before OHIM: Invalidity proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 3 September 2015 in Case R 1658/2014-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and reject the application for a declaration of invalidity in its entirety;
—order OHIM to pay the costs.
Pleas in law
—Infringement of Article 7(1)(b) of Regulation No 207/2009;
—Infringement of Article 7(1)(e)(ii) of Regulation No 207/2009.