Action brought on 17 September 2015 – LLR-G5 v OHIM - Glycan Finance (SILICIUM ORGANIQUE G5 LLR-G5)

(Case T-539/15)

Language in which the application was lodged: English

Parties

Applicant: LLR-G5 Ltd (Castlebar, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Other party to the proceedings before the Board of Appeal: Glycan Finance Corp. Ltd (Sheffield, United Kingdom)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark in colour containing the word elements ‘SILICIUM ORGANIQUE G5 LLR-G5’ – Community trade mark application No 10 424 703

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 11 June 2015 in Case R 291/2014-1

Form of order sought

The applicant claims that the Court should:

annul the contested decision to the extent that it dismissed the applicant’s appeal against the decision of the Opposition Division of 27 November 2013 in case B 2 027 053, and to the extent that it granted the other party’s appeal against the same decision of the Opposition Division;

the opposition of the other party to the registration of the applicant’s community trade mark application No. 1 042 4703 is dismissed;

order OHIM and the other party, if it should intervene in these proceedings, to pay the costs.

Plea in law

Infringement of Article 8(1)(b) of Regulation No 207/2009.

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