18.1.2016
EN
Official Journal of the European Union
C 16/48
Action brought on 13 November 2015 — Tuum v OHIM — Thun (TUUM)
(Case T-635/15)
(2016/C 016/58)
Language in which the application was lodged: Italian
Parties
Applicant: Tuum Srl (San Giustino, Italy) (represented by: B. Saguatti, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Thun SpA (Bolzano, Italy)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘TUUM’ — Application for registration No 11 939 774
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 3 September 2015 in Case R 2624/2014-1
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision;
—
reject definitively and in its entirety the opposition to the registration of the mark applied for in respect of the claimed goods in Class 14;
—
instruct OHIM to register the mark applied for;
—
order OHIM and the intervener to pay the costs, including those incurred in the proceedings before the Opposition Division and the Board of Appeal.
Plea in law
—
Infringement and misapplication of Article 8(1)(b) of Regulation No 207/2009.
Full & Egal Universal Law Academy