23.2.2015
EN
Official Journal of the European Union
C 65/39
Action brought on 4 December 2014 — Ogrodnik v OHIM — Aviário Tropical (Tropical)
(Case T-804/14)
(2015/C 065/54)
Language in which the application was lodged: English
Parties
Applicant: Tadeusz Ogrodnik (Chorzów, Poland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Aviário Tropical, SA (Loures, Portugal)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: figurative mark in black and white containing the word element ‘Tropical’ — Community trade mark No 3 435 773
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 22 September 2014 in Case R 1948/2013-4
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision;
—
order OHIM and the other party to proceedings, should it intervene, to pay the costs.
Pleas in law
—
Infringement of Article 8(1)(b) in conjunction with 53(1)(a) and Article 75 of Regulation No 207/2009.
Full & Egal Universal Law Academy