Action brought on 28 September 2015 – Excalibur City v OHIM – Ferrero (MERLIN'S KINDERWELT)

(Case T-565/15)

Language in which the application was lodged: English

Parties

Applicant: Excalibur City s.r.o. (Znojmo, Czech Republic) (represented by: E. EnginDeniz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ferrero SpA (Alba, Italy)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘MERLIN'S KINDERWELT ’– Application for registration No 11 201 969

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 9 July 2015 in Case R 1538/2014-1

Form of order sought

The applicant claims that the Court should:

annul in whole the contested decision;

order OHIM to pay the fees and costs of the proceedings.

Pleas in law

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

Infringement of Article 8(5) of Regulation No 207/2009.

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