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Document 62015TN0635
Case T-635/15: Action brought on 13 November 2015 — Tuum v OHIM — Thun (TUUM)
Case T-635/15: Action brought on 13 November 2015 — Tuum v OHIM — Thun (TUUM)
Case T-635/15: Action brought on 13 November 2015 — Tuum v OHIM — Thun (TUUM)
OJ C 16, 18.1.2016, p. 48–49
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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annul the contested decision; |
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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; |
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instruct OHIM to register the mark applied for; |
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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
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Infringement and misapplication of Article 8(1)(b) of Regulation No 207/2009. |