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Case T-237/15: Action brought on 15 May 2015 — Łabowicz v. OHIM — Pure Fishing (NANO)
ECLI:EU:UNKNOWN:62015TN0237
62015TN0237
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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.