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Case T-690/15: Action brought on 29 November 2015 — Marcas Costa Brava v OHIM — Excellent Brands JMI (Cremcaffé)
ECLI:EU:UNKNOWN:62015TN0690
62015TN0690
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8.2.2016
Official Journal of the European Union
C 48/85
(Case T-690/15)
(2016/C 048/93)
Language in which the application was lodged: English
Parties
Applicant: Marcas Costa Brava, SL (Sils, Spain) (represented by: E. Manresa Medina and J. Manresa Medina, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Excellent Brands JMI Ltd (Baar, Switzerland)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark in red and white colours containing the word element ‘Cremcaffé’ — Community trade mark No 11 407 021
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 29 September 2015 in Case R 2586/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—consider proved the use of the Community Trademark No 2 423 705 Class 30 deemed and the Community Trademark application No 11 407 021 is incompatible with the Community Trademark No 2 423 705;
—order OHIM and possible co-defendants to pay all costs of the procedure.
Plea in law
—Erroneous interpretation of Article 15(1), 15(1)(a) and Article 8(1)(b) CTMR.