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Case T-379/14: Action brought on 3 June 2014 — Universal Music v OHIM — Yello Strom (Yellow Lounge)
ECLI:EU:UNKNOWN:62014TN0379
62014TN0379
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Official Journal of the European Union
C 292/46
(Case T-379/14)
2014/C 292/56
Language in which the application was lodged: German
Parties
Applicant: Universal Music GmbH (Berlin, Germany) (represented by: M. Viefhues, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Yello Strom GmbH (Cologne, Germany)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 March 2014 in Case R 274/2013-4; and
—order the defendant, and where appropriate the other party to the proceedings, to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: Universal Music GmbH
Community trade mark concerned: Word mark ‘Yellow Lounge’ for goods and services in Classes 9, 16, 35, 38, 41, 42 and 45 — Community trade mark application No 1 0 0 33 421
Proprietor of the mark or sign cited in the opposition proceedings: Yello Strom GmbH
Mark or sign cited in opposition: National word mark ‘Yello’ for goods and services in Classes 4, 7, 9, 16, 35, 38, 41, 42 and 45
Decision of the Opposition Division: The opposition was upheld
Decision of the Board of Appeal: The appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009