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Document 62014TN0062

Case T-62/14: Action brought on 27 January 2014 — BR IP Holder v OHIM — Greyleg Investments (HOKEY POKEY)

IO C 142, 12.5.2014, p. 35–36 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

12.5.2014   

EN

Official Journal of the European Union

C 142/35


Action brought on 27 January 2014 — BR IP Holder v OHIM — Greyleg Investments (HOKEY POKEY)

(Case T-62/14)

2014/C 142/46

Language in which the application was lodged: English

Parties

Applicant: BR IP Holder LLC (Canton, United States) (represented by: F. Traub, lawyer, and C. Rohsler, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Greyleg Investments Ltd (Baltonsborough, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2013 given in Case R 1091/2012-4;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘HOKEY POKEY’ for ‘confectionery’ in Class 30 — Community trade mark application No 9 275 678

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Earlier, non-registered trade mark ‘HOKEY POKEY’ claimed to be in use in the United Kingdom for ‘confectionery, namely ice cream’

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(4) CTMR.


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