27.4.2015
EN
Official Journal of the European Union
C 138/61
Action brought on 26 February 2015 — Red Bull v OHIM — Optimum Mark (Representation of the colours blue and silver)
(Case T-101/15)
(2015/C 138/79)
Language in which the application was lodged: English
Parties
Applicant: Red Bull GmbH (Fuschl am See, Austria) (represented by: A. Renck, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Optimum Mark (Warsaw, Poland)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Representation of the colours blue and silver — Community trade mark registration No 2 5 34 774
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 2 December 2014 in Case R 2037/2013-1
Form of order sought
The applicant claims that the Court should:
—
Annul the contested decision;
—
Order OHIM and the other party to the proceedings before the Board of Appeal of OHIM, should it intervene, to pay the costs.
Pleas in law
—
Infringement of Articles 4, 7(1)(a) and 52(1)(a) of Regulation No 207/2009;
—
Infringement of the principle of legitimate expectations established by the Court of Justice under Community law.
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