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Case T-457/15: Action brought on 11 August 2015 — Fakro v OHIM — Saint Gobain Cristalería (climaVera)
ECLI:EU:UNKNOWN:62015TN0457
62015TN0457
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Official Journal of the European Union
C 328/30
(Case T-457/15)
(2015/C 328/27)
Language in which the application was lodged: Polish
Parties
Applicant: Fakro Sp. z o.o. (Nowy Sącz, Poland) (represented by: J. Radłowski, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Saint Gobain Cristalería, SL (Madrid, Spain)
Details of the proceedings before OHIM
Applicant for the Community trade mark: The applicant
Trade mark at issue: Community figurative mark containing the word element ‘climaVera’ — Community trade mark No 1 152 1366
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 12 May 2015 in Case R 2095/2014-2
Form of order sought
The applicant claims that the Court should:
—set aside the contested decision in its entirety and refer the case back to OHIM for reconsideration;
—award the costs of the proceedings and representation to the applicant in accordance with the prescribed rules.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.