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Case T-716/15: Action brought on 30 November 2015 — Gallardo Blanco v OHIM — Expasa Agricultura y Ganadería, SA (Representation of a branding iron (shape of an H-shaped horse bit))
ECLI:EU:UNKNOWN:62015TN0716
62015TN0716
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Official Journal of the European Union
C 59/36
(Case T-716/15)
(2016/C 059/41)
Language in which the application was lodged: Spanish
Parties
Applicant: Gallardo Blanco (Los Barrios, Spain) (represented by: E. Estella Garbayo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Expasa Agricultura y Ganadería, SA (Jerez de la Frontera, Spain)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community figurative mark (Representation of a branding iron (shape of an H-shaped horse bit)) — Application for registration No 10 424 323
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 29 September 2015 in Case R 1502/2014-2
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Second Board of Appeal of OHIM of 29 September 2015;
—annul the decision of the Opposition Division of OHIM of 14 April 2014;
—amend the previous decisions granting full registration of Community mark No 10 424 323;
—order the defendant to pay the costs of these proceedings, of the opposition proceedings and of the appeal before OHIM.
Plea in law
—Infringement of Articles 4, 8(1)(b) and 42(2) of Regulation No 207/2009.