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Case T-804/14: Action brought on 4 December 2014 — Ogrodnik v OHIM — Aviário Tropical (Tropical)
ECLI:EU:UNKNOWN:62014TN0804
62014TN0804
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23.2.2015
EN
Official Journal of the European Union
C 65/39
(Case T-804/14)
(2015/C 065/54)
Language in which the application was lodged: English
Parties
Applicant: Tadeusz Ogrodnik (Chorzów, Poland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Aviário Tropical, SA (Loures, Portugal)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: figurative mark in black and white containing the word element ‘Tropical’ — Community trade mark No 3 435 773
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 22 September 2014 in Case R 1948/2013-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM and the other party to proceedings, should it intervene, to pay the costs.
Pleas in law
—Infringement of Article 8(1)(b) in conjunction with 53(1)(a) and Article 75 of Regulation No 207/2009.