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Case T-137/14: Action brought on 25 February 2014 — I Castellani v OHIM — Chomarat (Device of a circle)
ECLI:EU:UNKNOWN:62014TN0137
62014TN0137
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Official Journal of the European Union
C 135/55
(Case T-137/14)
2014/C 135/72
Language in which the application was lodged: English
Parties
Applicant: I Castellani Srl (Meldola, Italy) (represented by: M. Caramelli, F. Boscariol de Roberto, I. Gatto and D. Martucci, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Compagnie Chomarat (Paris, France)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 December 2013 given in Case R 1001/2012-2;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark representing a device of a circle for goods in Class 19 — Community trade mark registration No 2 844 033
Proprietor of the Community trade mark: The applicant
Party applying for revocation of the Community trade mark: The other party to the proceedings before the Board of Appeal
Decision of the Cancellation Division: It revoked the registration of Community trade mark No 2 844 033
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 51(2) CTMR.