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Case T-565/15: Action brought on 28 September 2015 — Excalibur City v OHIM — Ferrero (MERLIN'S KINDERWELT)
ECLI:EU:UNKNOWN:62015TN0565
62015TN0565
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30.11.2015
EN
Official Journal of the European Union
C 398/66
(Case T-565/15)
(2015/C 398/80)
Language in which the application was lodged: English
Parties
Applicant: Excalibur City s.r.o. (Znojmo, Czech Republic) (represented by: E. EnginDeniz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Ferrero SpA (Alba, Italy)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘MERLIN'S KINDERWELT’ – Application for registration No 1 1 2 01 969
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 9 July 2015 in Case R 1538/2014-1
Form of order sought
The applicant claims that the Court should:
—annul in whole the contested decision;
—order OHIM to pay the fees and costs of the proceedings.
Pleas in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009;
—Infringement of Article 8(5) of Regulation No 207/2009.