OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET

(TRADE MARKS AND DESIGNS)

The Boards of Appeal



DECISION - CORRIGENDUM

of the Fifth Board of Appeal

of 6 February 2015

In Case R 968/2014-5

Exquisine System Co. Ltd.

CMIC Tower B, 22nd Floor, Unit 1-2, 209/1

Sukhumvit 21 (Asoke), Klongtoey Nua, Wattana

Bangkok 10110

Thailand






Opponent / Appellant

represented by TBK, Bavariaring 4-6, DE-80336 München, Germany

v


Cosmopolitan Restaurants Ltd.

Suite 1001-2, Albion Plaza, 2-6 Granville Road, Tsim Sha Tsui

Kowloon

Hong Kong

Special Administrative Region of the People’s Republic of China






Applicant / Respondent

represented by LERROUX & FERNÁNDEZ-PACHECO, Núñez de Balboa, 54, 3°, ES-28001 Madrid, Spain

APPEAL relating to Opposition Proceedings No B 2 185 729 (Community trade mark application No 11 012 821)

The Fifth Board of Appeal

composed of G. Humphreys (Chairperson), S. Martin (Rapporteur) and C. Negro (Member)

Registrar: H. Dijkema

gives the following

Decision - Corrigendum



  1. In accordance with Rule 53 CTMR, the following obvious mistake in the decision of 31 October 2014 in Case R 968/2014-5 is hereby corrected.

  1. The second paragraph of the order is amended to be read as follows:

The appeal is dismissed for the remainder and the contested sign is allowed to proceed to registration in relation to the disputed goods in Classes 29 and 30 and the remaining services in Class 43’.










Signed


G. Humphreys





Signed


S. Martin




Signed


C. Negro





Registrar:


Signed


H.Dijkema




Language of the case: English

DECISION – CORRIGENDUM OF 6 FEBRUARY 2014 – R 968/2014-5 – thai mango (FIG. MARK) / mango tree (FIG. MARK)

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