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Document 62015TN0250

Case T-250/15: Action brought on 21 May 2015 — Speciality Drinks v OHIM — William Grant (CLAN)

OJ C 245, 27.7.2015, p. 33–34 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

27.7.2015   

EN

Official Journal of the European Union

C 245/33

Action brought on 21 May 2015 — Speciality Drinks v OHIM — William Grant (CLAN)

(Case T-250/15)

(2015/C 245/39)

Language in which the application was lodged: English

Parties

Applicant: Speciality Drinks Ltd (London, United Kingdom) (represented by: G. Pritchard, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: William Grant & Sons Ltd (Dufftown, United Kingdom)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community word mark ‘CLAN’ — Application for registration No 10 025 815

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 5 March 2015 in Case R 220/2014-1

Form of order sought

The applicant claims that the Court should:

—

annul the contested decision and dismiss the opposition;

—

order that a costs award be made in the favour of the applicant and/or that the costs order of the First Board of Appeal be reversed.

Pleas in law

—

The Board of Appeal erred in its characterisation of the level of attention of the ‘relevant consumer’ within the meaning of Article 8(1)(b) of Regulation No 207/2009;

—

The Board of Appeal failed to decide whether CLAN, when used in conjunction with MACGREGOR, was a fancy (i.e. meaningless) word to the relevant consumer or, in the alternative, was a word with a meaning they understood;

—

The Board of Appeal did not assess the similarity of marks on the correct legal and/or factual basis;

—

The Board of Appeal did not assess the likelihood of confusion on the correct legal and/or factual basis.
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