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Case T-492/14: Action brought on 30 June 2014 — La Perla v OHIM — Alva Management (LA PERLA)
ECLI:EU:UNKNOWN:62014TN0492
62014TN0492
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25.8.2014
Official Journal of the European Union
C 282/52
(Case T-492/14)
2014/C 282/68
Language in which the application was lodged: English
Parties
Applicant: La Perla sp. z o.o. (Warsaw, Poland) (represented by: M. Siciarek, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Alva Management GmbH (Icking, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 April 2014 given in Case R 626/2013-4;
—Order the defendant and the other party, should it intervene, to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘LA PERLA’ for goods and services in Classes 5 and 44 — Community trade mark application No 9 8 54 225
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: The word mark ‘PERLAMAR’ registered as Community and national trade mark
Decision of the Opposition Division: Upheld the opposition partially
Decision of the Board of Appeal: Annulled the contested decision in part
Pleas in law: Infringement of Article 8(1)(b) CTMR.