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Case T-309/13: Action brought on 7 June 2013 — Enosi Mastichoparagogon/OHIM — Gaba International (ELMA)
ECLI:EU:UNKNOWN:62013TN0309
62013TN0309
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Official Journal of the European Union
C 226/23
(Case T-309/13)
(2013/C 226/31)
Language in which the application was lodged: English
Parties
Applicant: Enosi Mastichoparagogon Chiou (Chios, Greece) (represented by: A. Malamis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Gaba International Holding AG (Hamburg, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of 26 March 2013, in Case R 1539/2012-4;
—Order the Office and other party (opponent before the Opposition Division and appellee before the OHIM’s Board of Appeal) to bear their own costs and pay those of the CTM applicant (applicant for annulment).
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘ELMA’ for goods in class 5 — International registration designating the European Community 900 845
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Community trade mark registration of the word mark ‘ELMEX’ for goods in classes 3, 5 and 21
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.