# C_2011130EN.01001101.xml

| 30.4.2011 | EN | Official Journal of the European Union | C 130/11 |
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30.4.2011

EN

Official Journal of the European Union

C 130/11

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Appeal brought on 16 February 2011 by DTL Corporación, S.L. against the judgment of the General Court (Fourth Chamber) delivered on 15 December 2010 in Case T-188/10, DTL Corporación S.L. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case C-67/11 P)

2011/C 130/20

Language of the case: Spanish

Parties

Parties

Appellant: DTL Corporación, SL (represented by: A. Zuazo Araluza, abogado)

Appellant:

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Gestión de Recursos y Soluciones Empresariales, S.L.

Other parties to the proceedings:

Form of order sought

Form of order sought

Annulment in its entirety of the judgment of the General Court (Fourth Chamber) of 15 December 2010 in Case T-188/10.

Grant of the following forms of order sought at first instance:

| 1. | annulment of the decision of the Second Board of Appeal of OHIM of 17 February 2010 in Case R 767/2009-2; |
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1.

annulment of the decision of the Second Board of Appeal of OHIM of 17 February 2010 in Case R 767/2009-2;

| 2. | replacement of that decision by another rejecting the opposition brought by Gestión de Recursos y Soluciones Empresariales, S.L. against the Community trade figurative mark No 5153325 ‘SOLARIA’, permitting that Community trade mark to be registered for all the services applied for in Classes 37 and 42; |
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2.

replacement of that decision by another rejecting the opposition brought by Gestión de Recursos y Soluciones Empresariales, S.L. against the Community trade figurative mark No 5153325 ‘SOLARIA’, permitting that Community trade mark to be registered for all the services applied for in Classes 37 and 42;

| 3. | order OHIM and the other parties to the proceedings which oppose this action to pay the costs thereof. |
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3.

order OHIM and the other parties to the proceedings which oppose this action to pay the costs thereof.

Pleas in law and main arguments

Pleas in law and main arguments

| 1. | Breach of procedure before the General Court which prejudices the interests of the applicant: the application to stay proceedings under Article 77(c) and (d) of the Rules of Procedure of the General Court was totally ignored (Article 58 of the Statute of the Court of Justice of the European Union). |
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1.

Breach of procedure before the General Court which prejudices the interests of the applicant: the application to stay proceedings under Article 77(c) and (d) of the Rules of Procedure of the General Court was totally ignored (Article 58 of the Statute of the Court of Justice of the European Union).

| 2. | Infringement of the law of the European Union by the General Court: the judgment infringes Article 8(1)(b) of Council Regulation (EC) No 40/94 (1) — now Council Regulation (EC) No 207/2009 (2) — on the Community trade mark, by expressly stating:






  (a) | that the word element of the Community trade mark the subject of the dispute is the dominant feature of the mark; |
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2.

Infringement of the law of the European Union by the General Court: the judgment infringes Article 8(1)(b) of Council Regulation (EC) No 40/94 (1) — now Council Regulation (EC) No 207/2009 (2) — on the Community trade mark, by expressly stating:

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(a)

that the word element of the Community trade mark the subject of the dispute is the dominant feature of the mark;

| (b) | that that word element is not the dominant feature of the mark, which contradiction decisively influences the assessment of the likelihood of confusion (Article 58 of the Statute of the Court of Justice of the European Union). |
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(b)

that that word element is not the dominant feature of the mark, which contradiction decisively influences the assessment of the likelihood of confusion (Article 58 of the Statute of the Court of Justice of the European Union).

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(1)  Regulation of 20 December 1993, on the Community trade mark (OJ 1994 L 11, p. 1)

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(2)  Regulation of 24 March 2009 (OJ 2009 L 78, p. 1)

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