7.3.2016
EN
Official Journal of the European Union
C 90/26
Action brought on 18 January 2016 — DMC v OHIM — Etike’ International (De Giusti Orgoglio)
(Case T-18/16)
(2016/C 090/35)
Language in which the application was lodged: Italian
Parties
Applicant: DMC Srl (San Vendemiano, Italy) (represented by: B. Osti, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Etike’ International Srl (Baronissi, 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 elements ‘De Giusti Orgoglio’ — Application for registration No 9 499 468
Procedure before OHIM: Opposition procedure
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 5 November 2015 in Case R 1764/2013-5
Form of order sought
The applicant claims that the Court should:
—
alter the contested decision on the ground that it is unfounded in fact and law;
—
order OHIM to pay the costs;
—
order the production of the files relating to the opposition proceedings No B 001757973 and Case R 1764/2013-5.
Pleas in law
—
Infringement of Article 8(1)(a) of Regulation No 207/2009;
—
Infringement of Article 8(1)(b) of Regulation No 207/2009.
Full & Egal Universal Law Academy