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Case T-767/15: Action brought on 28 December 2015 — Labeyrie v OHIM — Delpeyrat (Representation of a sowing of light coloured fish on a dark background)
ECLI:EU:UNKNOWN:62015TN0767
62015TN0767
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Valentina R., lawyer
29.2.2016
Official Journal of the European Union
C 78/28
(Case T-767/15)
(2016/C 078/39)
Language in which the application was lodged: French
Parties
Applicant: Labeyrie (Saint-Geours-de-Maremne, France) (represented by: A. Lecomte, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Delpeyrat (Saint Pierre du Mont, France)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark without any representation of colours (Representation of a sowing of light coloured fish on a dark background) — Community trade mark No 3 916 533
Procedure before OHIM: Proceedings for revocation
Contested decision: Decision of the First Board of Appeal of OHIM of 15 October 2015 in Case R 2694/2014-1
Form of order sought
The applicant claims that the Court should:
—annul the contested decision, in that it confirmed the decision of the Invalidity Division of OHIM revoking the rights of the company LABEYRIE over its Community mark No 3 916 533 to designate fish;
—order the defendant to pay the costs.
Plea in law
—Infringement of Article 51(1)(a) of Regulation No 207/2009, in conjunction with Article 1(1)(a) of that regulation, and of Rule 22 and Rule 40 of Regulation No 2868/95.