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Case T-664/13: Judgment of the General Court of 21 October 2015 — Petco Animal Supplies Stores v OHIM — Gutiérrez Ariza (PETCO) (Community trade mark — Opposition proceedings — Application for the Community word mark PETCO — Earlier Community figurative mark PETCO — Relative ground for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Suspension of the administrative proceedings — Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 — Plea which does not support the form of order sought — Prohibition on ruling ultra petita — Inadmissibility)
ECLI:EU:UNKNOWN:62013TA0664
62013TA0664
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Official Journal of the European Union
C 406/29
(Case T-664/13) (*)
((Community trade mark - Opposition proceedings - Application for the Community word mark PETCO - Earlier Community figurative mark PETCO - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Suspension of the administrative proceedings - Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 - Plea which does not support the form of order sought - Prohibition on ruling ultra petita - Inadmissibility))
(2015/C 406/29)
Language of the case: English
Parties
Applicant: Petco Animal Supplies Stores, Inc. (San Diego, California, United States) (represented by: C. Aikens, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and Ó. Mondéjar Ortuño, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Domingo Gutiérrez Ariza (Málaga, Spain)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2013 (Case R 347/2013-4) relating to opposition proceedings between Domingo Gutiérrez Ariza and Petco Animal Supplies Stores, Inc.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Petco Animal Supplies Stores, Inc. to pay the costs.
(*)
Language of the case: English.
ECLI:EU:C:2015:140