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Case T-344/14: Action brought on 21 May 2014 — Lidl Stiftung v OHIM (Deluxe)
ECLI:EU:UNKNOWN:62014TN0344
62014TN0344
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Official Journal of the European Union
C 235/29
(Case T-344/14)
2014/C 235/40
Language of the case: German
Parties
Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by M. Kefferpütz and A. Wrage, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 March 2014 in Case R 1223/2013-1;
—Declare that the provisions of Article 7(1)(b) and Article 7(2) of Regulation No 207/2009 do not preclude the publication of the mark applied for;
—Refer application No 01 1 4 27 507 back to the defendant so that the registration procedure may be resumed;
—Order the defendant to pay the costs, including the costs in respect of the appeal proceedings.
Pleas in law and main arguments
Community trade mark concerned: the figurative mark including the word element ‘Deluxe’ for goods and services in Classes 5, 29, 30, 31, 32 and 33 — Community trade mark application No 1 1 4 27 507
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009