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Case T-217/15: Action brought on 30 April 2015 — Fiesta Hotels & Resorts v OHIM — Residencial Palladium (PALLADIUM PALACE IBIZA RESORT & SPA)
ECLI:EU:UNKNOWN:62015TN0217
62015TN0217
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22.6.2015
Official Journal of the European Union
C 205/40
(Case T-217/15)
(2015/C 205/54)
Language in which the application was lodged: Spanish
Parties
Applicant: Fiesta Hotels & Resorts, SL (Ibiza, Spain) (represented by: J. Devaureix, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Residencial Palladium, SL (Ibiza, Spain)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘PALLADIUM PALACE IBIZA RESORT & SPA’ — Community trade mark No 10 524 213
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of OHIM of 23 February 2015 in Case R 2391/2013-2
Form of order sought
The applicant claims that the Court should:
—annul and declare ineffective the decision of the Second Board of Appeal of OHIM of 23 February 2015;
—order the defendant to pay the costs.
Pleas in law
—Infringement of Article 53(1)(c) of Regulation No 207/2009, read in conjunction with Article 8(4) of Regulation No 207/2009.
—Infringement of Article 8(1)(b) of Regulation No 207/2009.