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Case T-7/16: Action brought on 8 January 2016 — La tarte tropézienne v OHIM (LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ)
ECLI:EU:UNKNOWN:62016TN0007
62016TN0007
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Official Journal of the European Union
C 90/22
(Case T-7/16)
(2016/C 090/30)
Language of the case: French
Parties
Applicant: La tarte tropézienne (Cogolin, France) (represented by: T. Cuche, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Trade mark at issue: International registration designating the European Union in respect of the Community figurative mark containing the word elements ‘LA TARTE TROPÉZIENNE 1955. SAINT-TROPEZ’ — Application for registration No 1 212 405
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 26 October 2015 in Case R 720/2015-4
Form of order sought
The applicant claims that the Court should:
—Hold and rule that the present action is admissible;
—Find that international registration No 1.212.405 is validly protected in the European Union in respect of the following goods: ‘flour and preparations made from cereals; sugar; honey; treacle; yeast; baking powder; spices; dough for cakes; cakes; frozen cakes; pancakes’;
—In consequence, annul in part the decision of the Fourth Board of Appeal of OHIM of 26 October 2016 in so far as it refused protection in the European Union of international registration No 1.212.405 in respect of the following goods: ‘flour and preparations made from cereals; sugar; honey; treacle; yeast; baking powder; spices; dough for cakes; cakes; frozen cakes; pancakes’;
—Order OHIM to pay the costs.
Plea in law
—Infringement of Article 7(1)(b) and (c) and (2) of Regulation No 207/2009.