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Case T-456/15: Action brought on 10 August 2015 — Foodcare v OHIM — Michalczewski (T.G.R. ENERGY DRINK)
ECLI:EU:UNKNOWN:62015TN0456
62015TN0456
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Official Journal of the European Union
C 328/29
(Case T-456/15)
(2015/C 328/26)
Language in which the application was lodged: English
Parties
Applicant: Foodcare sp. z o.o. (Zabierzów, Poland) (represented by: A. Matusik, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Dariusz Michalczewski (Gdańsk, Poland)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘T.G.R. ENERGY DRINK’ –Community trade mark No 5 689 237
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Second Board of Appeal of OHIM of 12 May 2015 in Case R 265/2014-2
Form of order sought
The applicant claims that the Court should:
—declare the contested decision invalid in its entirety;
—order OHIM to pay the costs.
Plea in law
—Infringement of Article 52(1)(b) of Regulation No 207/2009.