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Case T-386/15: Action brought on 10 July 2015 — Jordi Nogues/OHIM — Grupo Osborne (BADTORO)
ECLI:EU:UNKNOWN:62015TN0386
62015TN0386
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28.9.2015
EN
Official Journal of the European Union
C 320/34
(Case T-386/15)
(2015/C 320/51)
Language in which the application was lodged: Spanish
Parties
Applicant: Jordi Nogues, SL (Barcelona, Spain) (represented by: M. Sanmartín Sanmartín and E. López Parés, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Grupo Osborne, SA (El Puerto de Santa María, Spain)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘BADTORO’ — Application for registration No 10 975 027
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 17 April 2015 in Case R 2570/2013-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM to bear its own costs and to pay the applicant’s costs.
Pleas in law
—Infringement of Articles 75, 76 and 83 of Regulation No 207/2009, in conjunction with Articles 65(6), 96, 106(4) and (6) and 135 of Regulation No 2868/95;
—Infringement of Article 8(1)(b) of Regulation No 207/2009.