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Case T-450/13: Action brought on 23 August 2013 — CEDC International v OHIM — Fabryka Wódek Polmos Łańcut (WISENT VODKA)
ECLI:EU:UNKNOWN:62013TN0450
62013TN0450
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Valentina R., lawyer
19.10.2013
Official Journal of the European Union
C 304/23
(Case T-450/13)
2013/C 304/40
Language in which the application was lodged: English
Parties
Applicant: CEDC International sp. z o.o. (Oborniki Wielkopolskie, Poland) (represented by: M. Siciarek, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Fabryka Wódek Polmos Łańcut S.A. (Łańcut, Poland)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 June 2013 given in Case R 1734/2011-4;
—Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: Figurative mark in colours red, green, gold and black representing the image of a bovine animal and containing the verbal elements ‘WISENT VODKA’ for goods in Class 33 — Community trade mark application No 7 044 472
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Polish trademarks Nos 86 410, 80 990, 80 991, 46 050, 208 988, 125 911, 189 866, 208 090, 62 081 registered for ‘alcoholic beverages’ in Class 33, Community trade mark No 5 585 138 for the figurative mark in colours black and white containing the verbal element ‘ŻUBRÓWKA’ and Community trade mark No 6 215 719 for the 3D mark in colours black and white containing the verbal element ‘ŻUBRÓWKA’, registered for ‘alcoholic beverages (except beers)’ in Class 33
Decision of the Opposition Division: Upheld the opposition and rejected the application for Community trade mark registration
Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition
Pleas in law: Infringement of Article 8(1)(b) and (5) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (CTMR) (1).
(1) OJ L 78, p. 1