Action brought on 29 September 2015 – Bimbo v OHIM – ISMS (BIMBO BEL SIMPLY MARKET)

(Case T-571/15)

Language in which the application was lodged: English

Parties

Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other party to the proceedings before the Board of Appeal: International Supermarket Stores (ISMS) SA (Croix, France)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community figurative mark containing the word elements ‘BIMBO BEL SIMPLY MARKET’ – Application for registration No 10 335 321

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 17 July 2015 in Case R 1297/2014-4

Form of order sought

The applicant claims that the Court should:

modify the decision of the Board of Appeal dated on 17 July 2015 in accordance with Article 65(3) CTMR, rejecting the CTM Application No 10 335 321 in its entirety;

subsidiarity and only in the case the above claim would be rejected, the annulment of the Board of Appeal decision, dated 17 July 2015;

order the defendants to pay the procedural costs.

Pleas in law

Infringement of Articles 8(1)(b), 8(5), 42(2)(3), and 76(2) of Regulation No 207/2009.

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