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Case T-519/13: Action brought on 25 September 2013 — Leder & Schuh International v OHIM — Epple (VALDASAAR)
ECLI:EU:UNKNOWN:62013TN0519
62013TN0519
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Valentina R., lawyer
23.11.2013
EN
Official Journal of the European Union
C 344/65
(Case T-519/13)
2013/C 344/119
Language in which the application was lodged: German
Parties
Applicant: Leder & Schuh International AG (Salzburg, Austria) (represented by: S. Korn, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Valerie Epple (Bronnen, Germany)
Form of order sought
The applicant claims that the Court should:
—annul the contested decision of the First Board of Appeal, reject the opposition and
—order the defendant to pay the costs of the appeal proceedings and the proceedings before the General Court of the European Union.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘VALDASAAR’ for goods and services in Classes 18, 25 and 35 — Community trade mark application No 9 591 249
Proprietor of the mark or sign cited in the opposition proceedings: Valerie Epple
Mark or sign cited in opposition: the word mark ‘Val d’Azur’ for goods in Class 25
Decision of the Opposition Division: the opposition was upheld in part
Decision of the Board of Appeal: the appeal was dismissed in part
Pleas in law: Infringement of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue