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Case T-803/14: Action brought on 9 December 2014 — Gervais Danone v OHIM — San Miguel (B'lue)
ECLI:EU:UNKNOWN:62014TN0803
62014TN0803
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Official Journal of the European Union
C 34/44
(Case T-803/14)
(2015/C 034/52)
Language in which the application was lodged: English
Parties
Applicant: Compagnie Gervais Danone (Paris, France) (represented by: A. Lakits, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: San Miguel, Fábricas de Cerveza y Malta, SA (Barcelona, Spain)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘B’lue’ — Community trade mark registration No 1 0 5 49 509
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 30 September 2014 in Case R 1382/2013-5
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision;
—Order OHIM to bear the costs of the present proceedings and the other party to bear the costs of the proceedings before the OHIM.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.