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Case T-388/15: Action brought on 15 July 2015 — J & Joy v OHIM — Joy-Sportswear (JN-JOY)
ECLI:EU:UNKNOWN:62015TN0388
62015TN0388
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16.11.2015
EN
Official Journal of the European Union
C 381/45
(Case T-388/15)
(2015/C 381/55)
Language in which the application was lodged: English
Parties
Applicant: J & Joy SA (Waremme, Belgium) (represented by: A. Maqua and C. Pirenne, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Joy-Sportswear GmbH (Ottensoos, Germany)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘JN-JOY’ — Application for registration No 11 410 041
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 22 April 2015 in Case R 1353/2014-2
Form of order sought
The applicant requests the Office:
—to review the division opposition judgment and declare the opposition inadmissible;
—to order the opponent to bear the costs and applicant’s fees in the opposition proceedings on the basis of article 81 CTM Regulation.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.