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Case T-213/15: Action brought on 24 April 2015 — Lidl Stiftung v OHIM — toom Baumarkt (Super-Samstag)
ECLI:EU:UNKNOWN:62015TN0213
62015TN0213
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22.6.2015
EN
Official Journal of the European Union
C 205/39
(Case T-213/15)
(2015/C 205/52)
Language in which the application was lodged: German
Parties
Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter and A. Berger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: toom Baumarkt GmbH (Cologne, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘Super-Samstag’ — Community trade mark No 10 304 178
Procedure before OHIM: Invalidity proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 16 February 2015 in Case R 657/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order OHIM to pay the costs, including the costs in respect of the appeal proceedings.
Pleas in law
—Infringement of 52(1)(a) of Regulation No 207/2009 in conjunction with Rule 37(b)(i) and (iv);
—Infringement of Article 7(1)(b) of Regulation No 207/2009;
—Infringement of Article 7(1)(c) of Regulation No 207/2009.