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Case T-579/15: Action brought on 5 October 2015 — For Tune v OHIM — Gastwerk Hotel Hamburg (fortune)
ECLI:EU:UNKNOWN:62015TN0579
62015TN0579
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30.11.2015
EN
Official Journal of the European Union
C 398/70
(Case T-579/15)
(2015/C 398/84)
Language in which the application was lodged: English
Parties
Applicant: For Tune sp. z o.o. (Warszawa, Poland) (represented by: K. Popławska, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Gastwerk Hotel Hamburg GmbH & Co. KG (Hamburg, Germany)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘fortune’ — Application for registration No 1 1 5 25 491
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 7 August 2015 in Case R 2808/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM and the other party to the proceedings before the Board to pay the costs.
Plea(s) in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.