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Case T-695/14: Action brought on 26 September 2014 — Omega v OHIM (Representation of a picture in black and white)
ECLI:EU:UNKNOWN:62014TN0695
62014TN0695
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17.11.2014
Official Journal of the European Union
C 409/57
(Case T-695/14)
2014/C 409/78
Language of the case: German
Parties
Applicant: Omega International GmbH (Bad Oldesloe, Germany) (represented by J. Becker, lawyer)
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 Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 July 2014 in Case R 1037/2014-5 and register the mark as a trade mark under application No 1 2 1 74 215;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the figurative mark representing a picture in black and white for goods and services in Classes 3, 5, 32 and 33 — Community trade mark application No 1 2 1 74 215
Decision of the Examiner: the application was rejected
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: The sign is capable of identifying the goods to consumers with an average degree of interest.