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Case T-106/14: Action brought on 14 February 2014 — Universal Utility International v OHIM (Greenworld)

ECLI:EU:UNKNOWN:62014TN0106

62014TN0106

February 14, 2014
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12.5.2014

Official Journal of the European Union

C 142/37

(Case T-106/14)

2014/C 142/48

Language of the case: German

Parties

Applicant: Universal Utility International GmbH & Co. KG (Kaarst, Germany) (represented by J. Mietzel, lawyer)

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

Form of order sought

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 December 2013 in Case R 1658/2013-4;

in the alternative, annul the contested decision in so far as it upheld the refusal of the application for the services in classes 35 and 39;

in the further alternative, annul the contested decision in so far as it upheld the refusal of the application for the services in class 35;

order OHIM to pay the costs, including the costs incurred in the appeal proceedings.

Pleas in law and main arguments

Community trade mark concerned: Word mark Greenworld for goods and services in Classes 4, 35 and 39 — Community trade mark application No 11 616 588

Decision of the Examiner: Application refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Breach of Article 7(1)(c) of Regulation No 40/94

Breach of Article 7(1)(b) of Regulation No 40/94

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