13.7.2015

EN

Official Journal of the European Union

C 228/22

(Case T-237/15)

(2015/C 228/27)

Language in which the application was lodged: English

Parties

Applicant: Edward Łabowicz (Kłodzko, Poland) (represented by: M. Żygadło, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Pure Fishing, Inc. (Spirit Lake, United States)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘NANO’– Community trade mark No 6 649 818

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of OHIM of 5 March 2015 in Case R 2426/2013-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order OHIM to pay the costs.

Pleas in law

—Misinterpretation and misapplication of Article 7(1)(b) and (c) of Regulation No 207/2009;

—Infringement of Articles 76 and 83 of Regulation No 207/2009;

—Breach of Articles 6 and 14 of the European Convention on Human Rights concerning, respectively, the right to a fair trial and the prohibition of discrimination.