15.9.2014
EN
Official Journal of the European Union
C 315/66
Action brought on 13 June 2014 — Premo v OHIM — Prema Semiconductor (PREMO)
(Case T-440/14)
2014/C 315/111
Language in which the application was lodged: English
Parties
Applicant: Premo, SL (Málaga, Spain) (represented by: E. Cornu, F. de Visscher and E. De Gryse, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Prema Semiconductor GmbH (Mainz, Germany)
Form of order sought
The applicant claims that the Court should:
—
Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 April 2014 in Case R 1719/2011-5;
—
Subsidiarily, annul the contested decision to the extent that it upheld the opposition regarding ‘induction coils’, ‘inductive resisters’, ‘electric transformers’ and ‘antiparasitic transformers and filters’;
—
Order the OHIM, and if appropriate the intervening party, to pay the costs
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘PREMO’ for goods in Class 9 — Community trade mark application No 5 5 20 788
Proprietor of the mark or sign cited in the opposition proceedings: Prema Semiconductor GmbH
Mark or sign cited in opposition: The national word mark ‘PREMA’ for goods in Class 9
Decision of the Opposition Division: The opposition was partially upheld
Decision of the Board of Appeal: The appeal was partially dismissed
Pleas in law:
—
Infringement of Rule 22, 6o of Regulation 2868/95 and the rights of defence of the Applicant;
—
Infringement of Article 42(2) and (3) of Regulation No 207/2009
—
Infringement of Article 8(1)(b) of Regulation No 207/2009.
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