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EN
(2016/C 090/35)
Language in which the application was lodged: Italian
Applicant: DMC Srl (San Vendemiano, Italy) (represented by: B. Osti, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Etike’ International Srl (Baronissi, Italy)
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word elements ‘De Giusti Orgoglio’ — Application for registration No 9 499 468
Procedure before OHIM: Opposition procedure
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 5 November 2015 in Case R 1764/2013-5
The applicant claims that the Court should:
—alter the contested decision on the ground that it is unfounded in fact and law;
—order OHIM to pay the costs;
—order the production of the files relating to the opposition proceedings No B 001757973 and Case R 1764/2013-5.
—Infringement of Article 8(1)(a) of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009.