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Case T-504/15: Action brought on 2 September 2015 — Rafhaelo Gutti v OHIM — Transformados del Sur (CAMISERIA LA ESPAÑOLA)

ECLI:EU:UNKNOWN:62015TN0504

62015TN0504

September 2, 2015
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26.10.2015

EN

Official Journal of the European Union

C 354/43

(Case T-504/15)

(2015/C 354/53)

Language in which the application was lodged: Spanish

Parties

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)

Details of the proceedings before OHIM

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

Form of order sought

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.

Plea in law

Infringement of Article 8(1)(b) of Regulation No 207/2009.

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