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Case T-296/13: Action brought on 30 May 2013 — Adler Modemärkte v OHIM — Blufin (MARINE BLEU)
ECLI:EU:UNKNOWN:62013TN0296
62013TN0296
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EN
Official Journal of the European Union
C 226/21
(Case T-296/13)
(2013/C 226/27)
Language in which the application was lodged: German
Parties
Applicant: Adler Modemärkte AG (Haibach, Germany) (represented by: J. Plate and R. Kaase, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Blufin SpA (Carpi, Italy)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 April 2013 in Case R 386/2012-2 due to incompatibility with Article 8(1)(b) of Regulation No 40/94 on the Community trade mark;
—Order OHIM to pay the costs including those incurred in the appeal proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the figurative mark including the word elements ‘MARINE BLEU’ for goods in Class 25 — Community trade mark application No 6 637 193
Proprietor of the mark or sign cited in the opposition proceedings: Blufin SpA
Mark or sign cited in opposition: the word mark ‘BLUMARINE’ for goods in Class 25
Decision of the Opposition Division: the opposition was rejected
Decision of the Board of Appeal: the appeal was upheld and the application was rejected
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94