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Case T-519/15: Action brought on 4 September 2015 — myToys.de v OHIM — Laboratorios Indas (myBaby)
ECLI:EU:UNKNOWN:62015TN0519
62015TN0519
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3.11.2015
EN
Official Journal of the European Union
C 363/42
(Case T-519/15)
(2015/C 363/52)
Language in which the application was lodged: English
Parties
Applicant: myToys.de GmbH (Berlin, Germany) (represented by: C. Hauss-Löhde and M. Mette, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Laboratorios Indas, SA (Pozuelo de Alarcon, Spain)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘myBaby’ — Application for registration No 10 846 426
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 17 June 2015 in Case R 1002/2014-2
Form of order sought
The applicant claims that the Court should:
—set aside the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 17 June 2015 in the appeal proceedings R 1002/2014-2;
—dismiss the opposition in its entirety;
—revoke the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 21 May 2015 in appeal proceedings R 1137/2014-2;
—order OHIM to pay the costs of the proceedings.
Pleas in law
—Infringement of Article 42(2) of Regulation No 207/2009;
—Infringement of Article 15(1)(a) of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 7(1) of Regulation No 216/96 of 5 February 1996, laying down the rules of procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs).