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Case T-429/08: Action brought on 30 September 2008 — Grain Millers v OHIM — Grain Millers (GRAIN MILLERS)
ECLI:EU:UNKNOWN:62008TN0429
62008TN0429
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Valentina R., lawyer
6.12.2008
EN
Official Journal of the European Union
C 313/45
(Case T-429/08)
(2008/C 313/82)
Language in which the application was lodged: English
Parties
Applicant: Grain Millers, Inc. (Eden Prairie, United States) (represented by: L.-E. Ström, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Grain Millers GmbH & Co. KG (Bremen, Germany)
Form of order sought
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2008 in case R 1192/2007-2; and
—Order the other party to the proceedings before the Board of Appeal to pay the costs.
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The figurative mark ‘GRAIN MILLERS’ for goods in classes 29, 30 and 31 — application No 363 8657
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: German ‘business designation’‘GRAIN MILLERS’ and its figurative version
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Partial dismissal of the appeal
Pleas in law: Infringement of Article 8(4) of Council Regulation No 40/94 as the Board of Appeal has overestimated the value of the evidence submitted by the other party to the proceedings before the Board of Appeal in order to substantiate prior rights over the earlier trade mark.