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Case T-648/14: Action brought on 2 September 2014 — Infusion Brands v OHIM (DUALTOOLS)
ECLI:EU:UNKNOWN:62014TN0648
62014TN0648
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27.10.2014
EN
Official Journal of the European Union
C 380/20
(Case T-648/14)
2014/C 380/27
Language of the case: English
Parties
Applicant: Infusion Brands, Inc. (Myer Lake Circle Clearwater, United States) (represented by: K. Piepenbrink, lawyer)
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 1 July 2014 given in Case R 398/2014-4;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Community trade mark concerned: The figurative mark in white, black and green containing the verbal element ‘DUALTOOLS’ for goods and services in Classes 7, 8 and 35 — Community trade mark application No 1 2 0 27 496
Decision of the Examiner: Partially rejected the application
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 7(1)(b), (c) and 7(2) of Regulation No 207/2009.