Official Journal of the European Union

C 328/14

(Case T-411/15)

(2015/C 328/13)

Language in which the application was lodged: Polish

Parties

Applicant: PP Gappol Marzena Porczyńska (Łódź, Poland) (represented by: J. Gwiazdowska, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: GAP (ITM), Inc. (San Francisco, United States of America)

Details of the proceedings before OHIM

Applicant for the Community trade mark: The applicant

Trade mark at issue: Community figurative mark containing the word element ‘GAPPoL’ — Application No 8 346 165

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 13 May 2015 in Case R 686/2013-1

Form of order sought

The applicant claims that the Court should:

—set aside the contested decision;

—give a final decision by amending the decision of the Board of Appeal by rejecting the opposition also in regard to the goods in Classes 20 and 25;

—order OHIM to pay the costs of the proceedings.

Pleas in law

—Infringement of Articles 59 and 64(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) (‘Regulation No 207/2009’);

—Infringement of Article 75 of Regulation No 207/2009 and of Rule 50(2)(h) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1) (‘Regulation No 2868/95’);

—Infringement of Article 76 of Regulation No 207/2009 and of Rule 50(2)(g) of Regulation No 2868/95;

—Infringement of Article 8(1)(b) of Regulation No 207/2009;

—Infringement of Articles 8(5) and 9(1)(c) of Regulation No 207/2009.