1.2.2016
EN
Official Journal of the European Union
C 38/68
Action brought on 27 November 2015 — Clover Canyon v OHIM — Kaipa Sportswear (CLOVER CANYON)
(Case T-693/15)
(2016/C 038/92)
Language in which the application was lodged: English
Parties
Applicant: Clover Canyon, Inc. (Los Angeles, United States) (represented by: T. Schmitz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Kaipa Sportswear GmbH (Heilbronn, Germany)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: International registration designating the European Union in respect of the word mark ‘CLOVER CANYON’ — Application for registration No 1 120 485
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 4 August 2015 in Case R 3018/2014-5
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision;
—
impose the costs of the application on the Defendant including the costs of the appeal proceedings;
or
—
impose the costs of the application on the other party to the proceedings before the Board of Appeal of OHIM including the costs of the appeal proceedings.
Plea in law
—
Infringement of Article 8(1)(b) Regulation No 207/2009.
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