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Case T-579/14: Action brought on 1 August 2014 — Birkenstock Sales v OHIM (representation of a surface pattern)
ECLI:EU:UNKNOWN:62014TN0579
62014TN0579
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6.10.2014
Official Journal of the European Union
C 351/20
(Case T-579/14)
2014/C 351/25
Language of the case: German
Parties
Applicant: Birkenstock Sales GmbH (Vettelschoß, Germany) (represented by C. Menebröcker and V. Töbelmann, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
—annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2014 in Case R 1952/2013-1;
—order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the international registration of the figurative mark representing a surface patter for goods in Classes 10, 18 and 25 — International registration No 1 1 32742
Decision of the Examiner: Rejection of the application for registration
Decision of the Board of Appeal: Dismissal of the appeal
Plea in law: Infringement of Article 7(1)(b) of Regulation No 207/2009.