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Case T-580/13: Action brought on 4 November 2013 — Real Express v OHIM — MIP Metro (real)
ECLI:EU:UNKNOWN:62013TN0580
62013TN0580
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Valentina R., lawyer
15.2.2014
EN
Official Journal of the European Union
C 45/35
(Case T-580/13)
2014/C 45/61
Language in which the application was lodged: English
Parties
Applicant: Real Express Srl (Bucharest, Romania) (represented by: C. Anitoae, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 September 2013 given in Case R 1519/2012-4;
—Order the defendant and the intervener to pay the costs of proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark in blue and red containing the verbal element ‘real’ for goods and services in Classes 3 and 35 — Community trade mark application No 9 512 609
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Romanian trade marks Nos 38 089 and 80 065
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR.