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Case T-609/14: Action brought on 11 August 2014 — Laverana v OHIM (ORGANIC PROTEIN RICH PLANT COMPLEX FROM OUR OWN PRODUCTION)
ECLI:EU:UNKNOWN:62014TN0609
62014TN0609
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Valentina R., lawyer
13.10.2014
EN
Official Journal of the European Union
C 361/24
(Case T-609/14)
2014/C 361/36
Language of the case: German
Parties
Applicant: Laverana GmbH & Co. KG (Wennigsen, Germany) (represented by J. Wachinger, M. Zöbisch and D. Chatterjee, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
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 2 June 2014 in case R 123/2014-4;
—order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs
Pleas in law and main arguments
Community trade mark concerned: Figurative mark which contains the word elements ‘ORGANIC PROTEIN RICH PLANT COMPLEX FROM OUR OWN PRODUCTION’ for goods and services in Classes 3, 5 and 35 — Community trade mark application No 1 1 9 22 986
Decision of the Examiner: Refused the application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law:
—Infringement of Article 7(1)(b) of Regulation No 207/2009;
—Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009;
—Infringement of Article 7(1)(c) of Regulation No 207/2009;
—Misuse of powers by a decision on the basis of competition policy considerations