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6.10.2014 |
EN |
Official Journal of the European Union |
C 351/25 |
Action brought on 18 August 2014 — Grupo Bimbo v OHIM (Shape of a Mexican taco)
(Case T-618/14)
2014/C 351/32
Language of the case: Spanish
Parties
Applicants: Grupo Bimbo, SAB de CV (Mexico City, Mexico) (represented by N. Fernández Fernández-Pacheco, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The applicant claims that the Court should:
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annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 June 2010 in Case R 2449/2013-2 on the grounds of illegality and failure to observe the applicable legislative provisions relating to the Community trade mark, give judgment in accordance with the form of order sought set out in this application to the effect that the three-dimensional mark applied for is sufficiently inherently distinctive, grant this application and order that the three-dimensional Community trade mark application No 1 1 7 48 051 be entered into the register of trade marks in Class 30 of the International Classification as it is consistent with the requirements of Community trade mark law; |
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once this action has been allowed and the aforementioned mark entered into the register, order the person opposing the claim to pay the costs of these proceedings and to order OHIM to repay the appeal fee. |
Pleas in law and main arguments
Community trade mark concerned: Three-dimensional mark in the shape of a Mexican taco for goods in Class 30 — Community trade mark application No 11 748 051
Decision of the Examiner: Refusal of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Breach of Article 7(1)(b) of Regulation No 207/2009.