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Case T-101/15: Action brought on 26 February 2015 — Red Bull v OHIM — Optimum Mark (Representation of the colours blue and silver)
ECLI:EU:UNKNOWN:62015TN0101
62015TN0101
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27.4.2015
Official Journal of the European Union
C 138/61
(Case T-101/15)
(2015/C 138/79)
Language in which the application was lodged: English
Parties
Applicant: Red Bull GmbH (Fuschl am See, Austria) (represented by: A. Renck, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Optimum Mark (Warsaw, Poland)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Representation of the colours blue and silver — Community trade mark registration No 2 5 34 774
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 2 December 2014 in Case R 2037/2013-1
Form of order sought
The applicant claims that the Court should:
—Annul the contested decision;
—Order OHIM and the other party to the proceedings before the Board of Appeal of OHIM, should it intervene, to pay the costs.
Pleas in law
—Infringement of Articles 4, 7(1)(a) and 52(1)(a) of Regulation No 207/2009;
—Infringement of the principle of legitimate expectations established by the Court of Justice under Community law.