Action brought on 15 July 2015 – J & Joy v OHIM - Joy-Sportswear (J AND JOY)

(Case T-387/15)

Language in which the application was lodged: English

Parties

Applicant: J & Joy SA (Waremme, Belgium) (represented by: A. Maqua and C. Pirenne, lawyers)

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

Other party to the proceedings before the Board of Appeal: Joy-Sportswear GmbH (Ottensoos, Germany)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘J AND JOY’ – Application for registration No 11 409 935

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 22 April 2015 in Case R 1352/2014-2

Form of order sought

The applicant requests the Office:

to review the division opposition judgment and declare the opposition inadmissible;

to order the opponent to bear the costs and applicant’s fees in the opposition proceedings on the basis of article 81 CTM Regulation.

Plea in law

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

____________