26.1.2015
EN
Official Journal of the European Union
C 26/41
Action brought on 26 November 2014 — Ugly v OHIM — Group Lottuss (COYOTE UGLY)
(Case T-778/14)
(2015/C 026/53)
Language in which the application was lodged: English
Parties
Applicant: Ugly, Inc. (New York, United States) (represented by: T. St Quintin, Barrister, K. Gilbert and C. Mackey, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Group Lottuss Corp., SL (Barcelona, Spain)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community word mark ‘COYOTE UGLY’ — Community trade mark application No 1 2 26 198
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 16 September 2014 in Case R 1369/2013-5
Form of order sought
The applicant claims that the Court should:
—
Annul the decisions of the Opposition Division and of the Board of Appeal and remit the opposition back to the Opposition Division for reconsideration;
—
Order the other party to the proceedings before the Board of Appeal to pay the costs of proceedings.
Plea in law
—
Infringement of Articles 8(1), 8(2) and 8(4) of Regulation No 207/2009.
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