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Case T-643/14: Action brought on 1 September 2014 — Red Lemon Incorporation v OHIM — Lidl Stiftung (ABTRONIC)
ECLI:EU:UNKNOWN:62014TN0643
62014TN0643
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Valentina R., lawyer
27.10.2014
EN
Official Journal of the European Union
C 380/19
(Case T-643/14)
2014/C 380/25
Language in which the application was lodged: German
Parties
Applicant: Red Lemon Incorporation (Hong Kong, People’s Republic of China) (represented by: T. Wieland and S. Müller, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Lidl Stiftung & Co. KG (Neckarsulm, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2014 in Case R 1899/2013-1 and reject the opposition;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘ABTRONIC’ for goods in Class 9 — Community trade mark application No 8 1 84 632
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 in opposition: the international registration of the word mark ‘TRONIC’ for goods in Class 9
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.