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Case T-571/15: Action brought on 29 September 2015 — Bimbo v OHIM — ISMS (BIMBO BEL SIMPLY MARKET)
ECLI:EU:UNKNOWN:62015TN0571
62015TN0571
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Official Journal of the European Union
C 406/37
(Case T-571/15)
(2015/C 406/37)
Language in which the application was lodged: English
Parties
Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: International Supermarket Stores (ISMS) SA (Croix, France)
Details of the proceedings before OHIM
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark containing the word elements ‘BIMBO BEL SIMPLY MARKET’ — Application for registration No 10 335 321
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 17 July 2015 in Case R 1297/2014-4
Form of order sought
The applicant claims that the Court should:
—modify the decision of the Board of Appeal dated on 17 July 2015 in accordance with Article 65(3) CTMR, rejecting the CTM Application No 10 335 321 in its entirety;
—subsidiarity and only in the case the above claim would be rejected, the annulment of the Board of Appeal decision, dated 17 July 2015;
—order the defendants to pay the procedural costs.
Pleas in law
—Infringement of Articles 8(1)(b), 8(5), 42(2)(3), and 76(2) of Regulation No 207/2009.