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Valentina R., lawyer
EN
(2015/C 354/53)
Language in which the application was lodged: Spanish
Applicant: Rafhaelo Gutti, SL (Loja, Spain) (represented by: I. L. Sempere Massa, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Transformados del Sur, SA (Seville, Spain)
Applicant for the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘CAMISERIA LA ESPAÑOLA’ — Application for registration No 11 641 818
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 2 July 2015 in Case R 2424/2014-4
The applicant claims that the Court should:
—annul the decision of the Fourth Board of Appeal of OHIM in Case R 2424/2014-4, in turn annul Opposition B 2 226 655 and grant the application for Community trade mark 11 641 818 CAMISERIA LA ESPAÑOLA for goods in Class 25 which have been refused registration.
—order OHIM to pay the costs.
—Infringement of Article 8(1)(b) of Regulation No 207/2009.