4.8.2014
EN
Official Journal of the European Union
C 253/45
Action brought on 21 May 2014 — Švyturys-Utenos Alus v OHIM — Nordbrand Nordhausen (KISS)
(Case T-360/14)
2014/C 253/60
Language in which the application was lodged: English
Parties
Applicant: Švyturys-Utenos Alus UAB (Utena, Lithuania) (represented by: R. Žabolienė and I. Lukauskienė, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Nordbrand Nordhausen GmbH (Nordhausen, Germany)
Form of order sought
The applicant claims that the 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 17 March 2014 in Case R 1302/2013-4; and
—
order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark KISS for goods in Class 33 — Community trade mark application No 1 0 6 20 565
Proprietor of the mark or sign cited in the opposition proceedings: Nordbrand Nordhausen GmbH
Mark or sign cited in opposition: The word mark CRISS for goods in Class 33
Decision of the Opposition Division: The opposition was rejected
Decision of the Board of Appeal: The decision of the Opposition Division was annulled and the Community trade mark application rejected
Pleas in law:
—
Infringement of Rule 20(7)(c) in conjunction with Rule 50(1) of Regulation No 2868/95 in conjunction with Article 55(1) of Regulation No 207/2009;
—
Infringement of Article 8(1)(b) of Regulation No 207/2009.
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