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Case T-543/13: Action brought on 4 October 2013 — Three-N-Products/OHIM — Munindra (PRANAYUR)
ECLI:EU:UNKNOWN:62013TN0543
62013TN0543
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Valentina R., lawyer
14.12.2013
EN
Official Journal of the European Union
C 367/33
(Case T-543/13)
2013/C 367/59
Language in which the application was lodged: English
Parties
Applicant: Three-N-Products Private Ltd (New Delhi, India) (represented by: N. Colombo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Munindra Holding BV (Lelystad, Netherlands)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal No. R 638/2012-4 dated 25 July 2013 in its entirety and, consequently, reject the registration of the opposite application PRANAYUR;
—Order the OHIM to pay the costs incurred by Three-N-Products Private Ltd;
—Order Munindra Holding B.V. to pay the costs incurred by Three-N-Products Private Ltd.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The word mark ‘PRANAYUR’ for goods in classes 5 and 30 — Community trade mark application No 7 170 095
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: The word mark ‘AYUR’ and figurative marks containing the word element ‘Ayur’
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.