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Case T-33/15: Action brought on 26 January 2015 — Grupo Bimbo v OHIM (BIMBO)
ECLI:EU:UNKNOWN:62015TN0033
62015TN0033
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16.3.2015
EN
Official Journal of the European Union
C 89/37
(Case T-33/15)
(2015/C 089/45)
Language of the case: Spanish
Parties
Applicant: Grupo Bimbo, SAB de CV (Mexico, Mexico) (represented by: N. Fernández Fernández-Pacheco, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Details of the proceedings before OHIM
Trade mark at issue: Community work mark ‘BIMBO’ — Application for registration No 11 616 414
Contested decision: Decision of the Second Board of Appeal of OHIM of 19 November 2014 in Case R 251/2014-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision, declaring in its judgment the sufficient distinctiveness, whether inherent or acquired by use, of the mark applied for, upholding the present action and ordering the registration of Community trade mark application No 11 616 414 ‘BIMBO’ in Class 30 of the International Classification; and
—order the party opposing that claim to pay the costs of the proceedings and to reimburse the appeal fees paid to OHIM.
Pleas in law
—Infringement of Article 7(1)(b) and (c), (2) and (3) of Regulation No 207/2009.