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Case T-16/16: Action brought on 19 January 2016 — Mast-Jägermeister v OHIM (Beaker)

ECLI:EU:UNKNOWN:62016TN0016

62016TN0016

January 19, 2016
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7.3.2016

EN

Official Journal of the European Union

C 90/25

(Case T-16/16)

(2016/C 090/34)

Language of the case: German

Parties

Applicant: Mast-Jägermeister SE (Wolfenbüttel, Germany) (represented by: H. Schrammek, C. Drzymalla, S. Risthaus, and J. Engberding, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Details of the proceedings before OHIM

Design at issue: Community design ‘Beaker’ — Application for registration No 2683615-0001 and 2683615-0002

Contested decision: Decision of the Third Board of Appeal of OHIM of 17 November 2015 in Case R 1842/2015-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

recognise 17 April 2015 as the day of filing for Community design No 002683615-0001 and 002683615-0002;

order OHIM to pay the costs, including those incurred in the proceedings before the Board of Appeal.

Pleas in law

Infringement of Article 45(1), Article 46(2) and (3) of Regulation No 6/2002 read in conjunction with Article 36(1)(c) and Article 38(1) of Regulation No 6/2002;

Infringement of the second sentence of Article 62 of Regulation No 6/2002.

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