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Case T-596/13: Action brought on 15 November 2013 — Emsibeth v OHIM — Peek & Cloppenburg (Nael)
ECLI:EU:UNKNOWN:62013TN0596
62013TN0596
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8.2.2014
Official Journal of the European Union
C 39/21
(Case T-596/13)
2014/C 39/37
Language in which the application was lodged: Italian
Parties
Applicant: Emsibeth SpA (Verona, Italy) (represented by: A. Arpaia, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other parties to the proceedings before the Board of Appeal: Peek & Cloppenburg KG (Düsseldorf, Germany)
Form of order sought
The applicant claims the General Court should:
—set aside the contested decision; and
—order OHIM to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community mark sought: the figurative mark ‘Nael’, for goods in class 3 — application for registration No 9726894
Proprietor of the mark or sign cited in the opposition proceedings: Peek & Cloppenburg KG
Mark or sign cited in opposition: Community word mark ‘Mc Neal’, for goods in class 3
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Annulment of the Opposition Division’s decision and rejection of the application for registration of the mark
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/09.