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Case T-18/16: Action brought on 18 January 2016 — DMC v OHIM — Etike’ International (De Giusti Orgoglio)

ECLI:EU:UNKNOWN:62016TN0018

62016TN0018

January 18, 2016
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7.3.2016

EN

Official Journal of the European Union

C 90/26

(Case T-18/16)

(2016/C 090/35)

Language in which the application was lodged: Italian

Parties

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)

Details of the proceedings before OHIM

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

Form of order sought

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.

Pleas in law

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

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

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