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Document 62015TN0568

Case T-568/15: Action brought on 24 September 2015 — Morgese e.a. v OHIM — All Star

IO C 398, 30.11.2015, pp. 68–69 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

30.11.2015   

EN

Official Journal of the European Union

C 398/68

Action brought on 24 September 2015 — Morgese e.a. v OHIM — All Star

(Case T-568/15)

(2015/C 398/82)

Language in which the application was lodged: English

Parties

Applicants: Giuseppe Morgese (Barletta, Italy), Pasquale Morgese (Barletta, Italy), Felice D’Onofrio (Barletta, Italy) (represented by: D. Russo, lawyer)

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

Other party to the proceedings before the Board of Appeal: All Star CV (Hilversum, Netherlands)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Applicants

Trade mark at issue: Community figurative mark containing the word element ‘2 STAR 2S’ — Application for registration No 1 0 1 61  065

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 1July 2015 in Case R 1906/2014-5

Form of order sought

The applicants claim that the Court should:

—

set aside the Board’s Decision and Order;

—

the applicants seek an award of costs of this application and the proceedings before the Fifth Board of Appeal together with any further or other relief and/or Order that the Court may consider is appropriate.

Plea in law

—

The contested decision reached an erroneous conclusion as to the nature of the marks and the elements thereof, which could impact to a significant degree the relevant consumers.
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