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Case T-495/15: Action brought on 27 August 2015 — Sociedad agraria de transformación no 9982 Montecitrus v OHIM — Spanish Oranges (MOUNTAIN CITRUS SPAIN)
ECLI:EU:UNKNOWN:62015TN0495
62015TN0495
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26.10.2015
EN
Official Journal of the European Union
C 354/40
(Case T-495/15)
(2015/C 354/49)
Language in which the application was lodged: English
Parties
Applicant: Sociedad agraria de transformación no 9982 Montecitrus (Pulpí, Spain) (represented by: N. Fernández Fernández-Pacheco, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Spanish Oranges, SL (Castellón, Spain)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark containing the word elements ‘MOUNTAIN CITRUS SPAIN’ — Application for registration No 11 290 293
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 26 June 2015 in Case R 871/2014-4
Form of order sought
The applicant claims that the Court should:
—set aside the contested decision;
—refuse the application of the trademark at issue for all goods covered in classes 29 and 31;
—order the Intervener to pay the costs.
Plea(s) in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.