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Case T-227/15: Action brought on 27 April 2015 — Redpur v OHIM — Redwell Manufaktur (Redpur)

ECLI:EU:UNKNOWN:62015TN0227

62015TN0227

April 27, 2015
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EN

Official Journal of the European Union

C 236/43

(Case T-227/15)

(2015/C 236/58)

Language in which the application was lodged: German

Parties

Applicant: Redpur GmbH (Hayingen, Germany) (represented by: S. Schiller, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Redwell Manufaktur GmbH (Hartberg, Austria)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community word mark ‘Redpur’ — Application No 10 934 305

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 11 February 2015 in Case R 678/2014-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision and reject the opposition;

allow Community trade mark application No 10 934 305 to proceed to registration in its entirety or, in the alternative, remit the case to the Board of Appeal;

order OHIM to pay the costs incurred by the applicant in the present proceedings;

order Redwell Manufaktur GmbH to pay the costs incurred by the applicant in the proceedings before the Opposition Division and the Board of Appeal.

Plea in law

Infringement of Article 8(1)(b) of Regulation No 207/2009

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