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Case T-6/15: Action brought on 8 January 2015 — Ice Mountain Ibiza/OHIM — Marbella Atlantic Ocean Club (ocean ibiza)
ECLI:EU:UNKNOWN:62015TN0006
62015TN0006
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Official Journal of the European Union
C 73/47
(Case T-6/15)
(2015/C 073/59)
Language in which the application was lodged: Spanish
Parties
Applicant: Ice Mountain Ibiza, SL (San Antonio, Spain) (represented by: J. L. Gracia Albero, lawyer, and F. Miazzetto, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Marbella Atlantic Ocean Club, SL (Puerto Banús, Spain)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘ocean ibiza’ — Application for registration No 10 610 525
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 8 October 2014 in Case R 2207/2013-1
Form of order sought
The applicant claims that the Court should:
—annul the decision of the First Board of Appeal of OHIM dated 8 October 2014 in Case R 2207/2013-1 so as to reject the opposition filed by Marbella Atlantic Ocean Club, SL and grant the application for a Community trade mark No 10 610 525 ‘ocean ibiza’ (mixed) in Class 41; and
—order the defendant to pay the costs of these proceedings as well as all those incurred to date in the earlier proceedings before the Opposition Division and the First Board of Appeal of OHIM that have led to the present application.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.