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Case T-613/13: Action brought on 20 November 2013 — alfavet Tierarzneimittel v OHIM — Millet Innovation (Epibac)
ECLI:EU:UNKNOWN:62013TN0613
62013TN0613
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8.2.2014
EN
Official Journal of the European Union
C 39/23
(Case T-613/13)
2014/C 39/40
Language in which the application was lodged: German
Parties
Applicant: alfavet Tierarzneimittel GmbH (Neumünster, Germany) (represented by: U. Bender, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Millet Innovation SA (Loriol sur Drome, France)
Form of order sought
The applicant claims that the Court should:
—alter the decision of the Fourth Board of Appeal of 6 September 2013 (Case R 1253/2012-4) in such a way that the opposition is rejected, and
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: word mark ‘Epibac’ for goods in Classes 3, 5 and 31 — Community trade mark application No 6861124
Proprietor of the mark or sign cited in the opposition proceedings: Millet Innovation SA
Mark or sign cited in opposition: Word marks ‘EPITACT’ for goods in Classes 3, 5 and 10
Decision of the Opposition Division: the opposition was upheld in part
Decision of the Board of Appeal: the appeal was dismissed in part
Pleas in law: Infringement of Article 8(1)(a) and (b) of Regulation (EC) No 207/2009.