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Case T-637/14: Action brought on 27 August 2014 — noon Copenhagen v OHIM — Wurster Diamonds (noon)
ECLI:EU:UNKNOWN:62014TN0637
62014TN0637
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13.10.2014
Official Journal of the European Union
C 361/29
(Case T-637/14)
2014/C 361/43
Language in which the application was lodged: English
Parties
Applicant: noon Copenhagen A/S (Løsning, Denmark) (represented by: M. Zöbisch, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Wurster Diamonds GmbH (Pforzheim, 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 12 June 2014 given in Case R 955/2013-4.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The figurative mark containing the verbal element ‘noon’ for goods and services in Class 14 — Community trade mark application No 1 0 2 15 556
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: The figurative mark containing the verbal element ‘noor’ for goods in Class 14
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(1)(b) CTMR.