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Case T-378/11: Action brought on 18 July 2011 — Langguth Erben v OHIM (MEDINET)
ECLI:EU:UNKNOWN:62011TN0378
62011TN0378
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Valentina R., lawyer
10.9.2011
Official Journal of the European Union
C 269/55
(Case T-378/11)
2011/C 269/121
Language of the case: German
Parties
Applicant: Franz Wilhelm Langguth Erben GmbH & Co. KG (Traben-Trarbach, Germany) (represented by R. Kunze and G. Würtenberger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of 10 May 2011 in Case R 1598/2010-4 relating to Community trade mark application No 8 786 485;
—Order the Office for Harmonisation in the Internal Market to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the figurative mark ‘MEDINET’ for goods in Class 33 — application No 8 786 485
Decision of the Examiner: the registration of the mark with seniority of earlier national and international marks was refused
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Articles 34, 75 and 77 of Regulation No 207/2009 as the Board of Appeal (i) refused to register the seniority in an unlawful manner; (ii) did not examine the applicant’s submissions in respect of Board of Appeal decisions regarding claims of priority and seniority; and (iii) did not fix a date for oral proceedings.