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Case T-521/13: Action brought on 19 September 2013 — Alpinestars Research v OHIM — Tung Cho et Wang Yu (A ASTER)
ECLI:EU:UNKNOWN:62013TN0521
62013TN0521
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Valentina R., lawyer
30.11.2013
EN
Official Journal of the European Union
C 352/20
(Case T-521/13)
2013/C 352/37
Language in which the application was lodged: English
Parties
Applicant: Alpinestars Research Srl (Coste di Maser, Italy) (represented by: G. Dragotti and R. Valenti, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other parties to the proceedings before the Board of Appeal: Kean Tung Cho (Taichung City, Taiwan); and Ling-Yuan Wang Yu (Wuci Township, Taiwan)
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 15 July 2013 given in Case R 2309/2012-4;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The other parties to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark in black and white containing the verbal elements ‘A ASTER’ for goods in Classes 18 and 25 — Community trade mark application No 7 084 395
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The word mark ‘A-STARS’ for goods in Classes 9, 12, 14, 18, 25 and 28 — Community trade mark No 6 181 002
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.