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Case T-685/15: Action brought on 26 November 2015 — Sulayr Global Service v OHIM — Sulayr Calidad (sulayr GLOBAL SERVICE)
ECLI:EU:UNKNOWN:62015TN0685
62015TN0685
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EN
Official Journal of the European Union
C 38/67
(Case T-685/15)
(2016/C 038/91)
Language in which the application was lodged: Spanish
Parties
Applicant: Sulayr Global Service, SL (Valle del Zalabi, Spain) (represented by: P. López Ronda, G. Macías Bonilla, G. Marín Raigal, and E. Armero Lavie, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Sulayr Calidad, SL (Granada, Spain)
Details of the proceedings before OHIM
Applicant for the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘sulayr GLOBAL SERVICE’ — Application for registration No 11 960 515
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 23 September 2015 in Case R 149/2015-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision, in so far as it found a similarity between the services sought in class 40 and the services covered by the earlier mark in class 42 and consequently, a risk of confusion as regards those services;
—order OHIM to pay the costs.
Pleas in law
—Infringement of Article 60 of Regulation No 207/2009 and Rule 49(1) of Regulation No 2868/95.
—Infringement of Article 75 of Regulation No 207/2009.
—Infringement of Article 8(1)(b) of Regulation No 207/2009.