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Case T-345/15: Action brought on 30 June 2015 — Modas Cristal v OHIM — Zorlu Tekstil Ürünleri Pazarlama (KRISTAL)
ECLI:EU:UNKNOWN:62015TN0345
62015TN0345
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Valentina R., lawyer
14.9.2015
EN
Official Journal of the European Union
C 302/61
(Case T-345/15)
(2015/C 302/76)
Language in which the application was lodged: Spanish
Parties
Applicant: Modas Cristal, SL (Santa Lucía, Spain) (represented by: E. Manresa Medina, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Zorlu Tekstil Ürünleri Pazarlama Anonim Sirketi (Denizli, Turkey)
Details of the proceedings before OHIM
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark containing the word element ‘KRISTAL’ — Application for registration No 10 574 473
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 24 April 2015 in Case R 341/2014-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision on the ground that the use of the Spanish mark No 2 569 089 ‘MODAS CRISTAL’ for services in Class 35 has been demonstrated and that the new Community trade mark application is incompatible with the Spanish marks No 2 569 089 ‘MODAS CRISTAL’, for services in Class 35, and No 2 763 821 ‘home CRISTAL’, for goods in Class 24;
—order OHIM and any interveners supporting it to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.