Action brought on 29 December 2014 — Spokey v OHIM — Leder Jaeger (SPOKEY)

(Case T-846/14)

Language in which the application was lodged: Polish

Parties

Applicant: Spokey sp. z o.o. (Katowice, Poland) (represented by: B. Matusiewicz-Kulig, lawyer)

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

Other party to the proceedings before the Board of Appeal: Leder Jaeger GmbH (Siegen, Germany)

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: The applicant

Trade mark at issue: Community figurative mark containing the word element ‘SPOKEY’ — Community trade mark No 6 777 312

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 29 October 2014 in Case R 525/2014-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

if necessary, amend the contested decision insofar as it refers to specific goods within Class 18;

order OHIM to pay the costs.

Pleas in law

Infringement of Articles 8(1)(b), 75 and 76 of Regulation No 207/2009;

Infringement of rule 50 of Commission Regulation No 2868/95.