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Case T-549/14: Action brought on 25 July 2014 — Lidl Stiftung v OHIM — Horno del Espinar (Castello)
ECLI:EU:UNKNOWN:62014TN0549
62014TN0549
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6.10.2014
EN
Official Journal of the European Union
C 351/15
(Case T-549/14)
2014/C 351/17
Language in which the application was lodged: English
Parties
Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: M. Wolter, M. Kefferpütz and A. Marx, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Horno del Espinar, SL (El Espinar, Spain)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 April 2014 given in joined Cases R 1233/2013-2 and R 1258/2013-2;
—Order the defendant to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘Castello’ for goods in Classes 29, 30 and 31 — Community trade mark application No 6 819 973
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Numerous earlier Community and national trade marks containing, inter alia, the verbal element ‘Castelló’
Decision of the Opposition Division: Partially upheld the opposition
Decision of the Board of Appeal: Partially upheld the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.