Action brought on 25 September 2015 — Aldi v OHIM — Rouard (GOURMET)
(Case T-572/15)
Language in which the application was lodged: German
Parties
Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: C. Fürsen und N. Bertram, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Pierre-André Rouard (Madrid, Spain)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark with the word element ‘GOURMET’ — Application No 10 509 446
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 24 July 2015 in Case R 1985/2013-4
Form of order sought
The applicant claims that the Court should:
annul the contested decision;
order OHIM to pay the costs.
Pleas in law
Infringement of Article 63 of Regulation No 207/2009 in conjunction with Rule 20(7) of Regulation No 2868/95;
Infringement of Article 8(1)(b) of Regulation No 207/2009.
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