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Case T-751/14: Action brought on 7 November 2014 — Hikari Miso v OHIM — Nishimoto Trading (Hikari)
ECLI:EU:UNKNOWN:62014TN0751
62014TN0751
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12.1.2015
EN
Official Journal of the European Union
C 7/44
(Case T-751/14)
(2015/C 007/50)
Language in which the application was lodged: English
Parties
Applicant: Hikari Miso Co. Ltd (Suwa-gun, Japan) (represented by: D. McFarland, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Nishimoto Trading Co. Ltd (Santa Fe Springs, United States)
Details of the proceedings before OHIM
Applicant: The other party to the proceedings before the Board of Appeal
Trade mark at issue: Application for registration No 9 5 69 501
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 8 September 2014 in Case R 2394/2013-4
Form of order sought
The applicant claims that the Court should:
—annul and/or set aside the contested decision;
—award the costs in favour of the Applicant and reverse the costs award made by the Fourth Board of Appeal.
Pleas in law
—The decision of the Fourth Board of Appeal is based upon errors of law and/or fact;
—The Fourth Board of Appeal exceeded its powers and function, by indulging in accepting as proven facts submissions which amounted to no more than suppositions and hypothesis, in respect of which no evidence had been adduced.