Action brought on 6 October 2015 – Flamagas v OHIM – MatMind (CLIPPER)
(Case T-580/15)
Language in which the application was lodged: English
Parties
Applicant: Flamagas, SA (Barcelona, Spain) (represented by: I. Valdelomar Serrano, G. Hinarejos Mulliez and D. Gabarre Armengol, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: MatMind Srl (Formello, Italy)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community tridimensional mark (Shape of lighter containing the word element ‘CLIPPER’) – Community trade mark No 4 758 652
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the First Board of Appeal of OHIM of 30 July 2015 in Case R 924/2013-1
Form of order sought
The applicant claims that the Court should:
annul the contested decision;
confirm the decision of 22/03/2013 of the Cancellation Division in Cancellation Proceedings No. C 5642 against Community trademark registration No. 4 758 652;
order the other party to the proceedings to pay the costs.
Pleas in law
Infringement of Article 7(1)(a) of Regulation No 207/2009;
Infringement of Article 7(1)(b) of Regulation No 207/2009;
Infringement of Article 7(1)(e)(ii) of Regulation No 207/2009.
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