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Case T-229/14: Action brought on 11 April 2014 — Norma Lebensmittelfilialbetrieb v OHIM — Yorma’s (Yorma Eberl)
ECLI:EU:UNKNOWN:62014TN0229
62014TN0229
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24.6.2014
Official Journal of the European Union
C 194/30
(Case T-229/14)
2014/C 194/38
Language of the case: German
Parties
Applicant: Norma Lebensmittelfilialbetrieb Stiftung & Co. KG (Nuremberg, Germany) (represented by: A. Parr, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Yorma’s AG (Deggendorf, Germany)
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 11 February 2014 in Case R 532/2013-4;
—order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: Yorma’s AG
Community trade mark concerned: The word mark ‘Yorma Eberl’ for goods and services in Classes 3, 5, 21, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 40 and 43 — Community trade mark application No 9 9 40 289
Proprietor of the mark or sign cited in the opposition proceedings: Applicant
Mark or sign cited in opposition: The trade and firm name in commercial use and national and Community word marks NORMA for goods and services in Classes 3, 5, 8, 9, 11, 16, 18, 21, 22, 23, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 41 and 42
Decision of the Opposition Division: Opposition rejected
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
—Infringement of Article 8(1)(b) of Regulation No 207/2009
—Infringement of Article 8(4) of Regulation No 207/2009