1.3.2014
EN
Official Journal of the European Union
C 61/9
Action brought on 29 November 2013 — Eycharis Nezi v OHIM — Etam (E)
(Case T-645/13)
2014/C 61/15
Language in which the application was lodged: Greek
Parties
Applicant): Eycharis Nezi (Mykonos, Greece) (represented by: A Salkitzoglou, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Etam SAS (Clichy, France)
Form of order sought
The applicant claims that the General Court should:
—
annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 October 2013 in Case R 329/2013-4;
—
vary the above decision so that the applicant’s mark is registered for all the goods and service which were applied for and,
—
order the opponent to pay all the applicant’s legal costs, including all costs of any interveners.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant.
Community trade mark concerned: The figurative mark ‘Ε’, for goods and services in Classes 14, 16, 18, 25, 26, 35 and 40 — Community trade mark application No 8701138.
Proprietor of the mark or sign cited in the opposition proceedings: The opponent before the Board of Appeal.
Mark or sign cited in opposition: The Community figurative mark ‘Ε’, for goods in Classes 3, 18 and 25.
Decision of the Opposition Division: Rejection of the opposition.
Decision of the Board of Appeal: Partial annulment of the decision of the Opposition Division.
Pleas in law:
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Infringement of the Treaty on the Functioning of the European Union;
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Infringement of Article 4 of Regulation No 207/2009;
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Infringement of Article 8(1)(b) and (5) of Regulation No 207/2009;
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Infringement of Article 76 of Regulation No 207/2009, and
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Infringement of Articles 15 and 42 of Regulation No 207/2009.
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