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EN
(2015/C 155/40)
Language in which the application was lodged: Spanish
Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J. L. Rivas Zurdo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Grup Supeco Maxor, SL (Madrid, Spain)
Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community figurative mark containing the word element ‘Supeco’ — Application for registration No 10 884 741
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 4 December 2014 in Case R 1112/2014-5
The applicant claims that the Court should:
—annul the decision of 4 December 2014 of the Fifth Board of Appeal of OHIM in Case R 1112/2014-5 in so far as in upholding in part the appeal brought by the applicant for the trade mark at issue, it overturned the Opposition Division’s decision upholding in part Opposition B 2 0 54 040 and refusing in part Community trade mark No 10 884 741 ‘Supeco’ (figurative); and
—order the party or parties opposing this action to pay the costs.
—Infringement of Article 8(1)(b) of Regulation No 207/2009.