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Case T-223/15: Action brought on 27 April 2015 — Morton’s of Chicago v OHIM — Mortons the Restaurant (MORTON’S)
ECLI:EU:UNKNOWN:62015TN0223
62015TN0223
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13.7.2015
EN
Official Journal of the European Union
C 228/20
(Case T-223/15)
(2015/C 228/25)
Language in which the application was lodged: English
Parties
Applicant: Morton’s of Chicago, Inc. (Chicago, United States) (represented by: J. Moss, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Mortons the Restaurant Ltd (London, United Kingdom)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: The applicant
Trade mark at issue: Community figurative mark containing the word element ‘MORTON’S’ — Community trade mark registration No 3 951 291
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 12 February 2015 in Case R 46/2014-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order the Respondent to pay the Proprietor’s costs.
Pleas in law
—Infringement of Article 8(4) of Regulation No 207/2009;
—Infringement of Article 52(1)(b) of Regulation No 207/2009.