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Case T-371/15: Action brought on 9 July 2015 — Preferisco Foods v OHIM — Piccardo & Savore' (PREFERISCO)
ECLI:EU:UNKNOWN:62015TN0371
62015TN0371
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Valentina R., lawyer
21.9.2015
EN
Official Journal of the European Union
C 311/53
(Case T-371/15)
(2015/C 311/57)
Language in which the application was lodged: English
Parties
Applicant: Preferisco Foods Ltd (Vancouver, Canada) (represented by: G. Macias Bonilla, P. López Ronda, G. Marín Raigal, E. Armero, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Piccardo & Savore' Srl (Chiusavecchia, Italy)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘PREFERISCO’ — Community trade mark No 10 974 616
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 15 April 2015 in Case R 2598/2013-2
Form of order sought
The applicant claims that the Court should:
—partially annul the contested decision of the Second Board of Appeal of the OHIM dated 15 April 2015, in Case R-2598/2013-2, in particular regarding the rejection of the CTM application No 10974616 ‘PREFERISCO’ for the goods applied for in classes 29 and 30;
—order that costs of the proceedings be borne by the Defendant, including the costs those incurred in the proceedings before the Opposition Division and the Second Board of Appeal of the OHIM.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.