30.11.2015
EN
Official Journal of the European Union
C 398/68
Action brought on 24 September 2015 — Morgese e.a. v OHIM — All Star
(Case T-568/15)
(2015/C 398/82)
Language in which the application was lodged: English
Parties
Applicants: Giuseppe Morgese (Barletta, Italy), Pasquale Morgese (Barletta, Italy), Felice D’Onofrio (Barletta, Italy) (represented by: D. Russo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: All Star CV (Hilversum, Netherlands)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Applicants
Trade mark at issue: Community figurative mark containing the word element ‘2 STAR 2S’ — Application for registration No 1 0 1 61 065
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 1July 2015 in Case R 1906/2014-5
Form of order sought
The applicants claim that the Court should:
—
set aside the Board’s Decision and Order;
—
the applicants seek an award of costs of this application and the proceedings before the Fifth Board of Appeal together with any further or other relief and/or Order that the Court may consider is appropriate.
Plea in law
—
The contested decision reached an erroneous conclusion as to the nature of the marks and the elements thereof, which could impact to a significant degree the relevant consumers.
Full & Egal Universal Law Academy