# C_2009141EN.01004702.xml

| 20.6.2009 | EN | Official Journal of the European Union | C 141/47 |
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20.6.2009

EN

Official Journal of the European Union

C 141/47

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Action brought on 27 March 2009 — I Marchi Italiani and B Antonio Basile 1952 v OHIM — Osra (B Antonio Basile 1952)

(Case T-133/09)

2009/C 141/99

Language in which the application was lodged: Italian

Parties

Parties

Applicants: I Marchi Italiani (Naples, Italy) and B Antonio Basile 1952 (Giugliano, Italy) (represented by: G. Militerni, lawyer)

Applicants:

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

Defendant:

Other party/parties to the proceedings before the Board of Appeal of OHIM: Osra SA (Rovereta, Italy)

Other party/parties to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | Annul the decision of the Second Board of Appeal dated 09.01.2009, notified to the applicants in the present case on 30.01.2009 in proceedings R 502/2008, between I Marchi Italiani Srl and Osra S.A., which upheld the decision of the Cancellation Division, which allowed the application for revocation and declaration of invalidity of the mark ‘B Antonio Basile 1952’, following the action brought by Osra S.A.; |
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Annul the decision of the Second Board of Appeal dated 09.01.2009, notified to the applicants in the present case on 30.01.2009 in proceedings R 502/2008, between I Marchi Italiani Srl and Osra S.A., which upheld the decision of the Cancellation Division, which allowed the application for revocation and declaration of invalidity of the mark ‘B Antonio Basile 1952’, following the action brought by Osra S.A.;

| — | Declare the registration of the mark ‘B Antonio Basile 1952’ to be valid and effective as from the date of filing of the application and/or registration of that mark; |
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Declare the registration of the mark ‘B Antonio Basile 1952’ to be valid and effective as from the date of filing of the application and/or registration of that mark;

| — | Order OHIM to pay the costs. |
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Order OHIM to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the wording ‘B Antonio Basile 1952’ (Community trade mark No 5 274 121 (divisional registration resulting from the division of registration No 1 462 555 following partial assignment of same), for goods in Classes 14, 18 and 25.

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: the applicants.

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity: Osra S.A.

Applicant for the declaration of invalidity:

Trade mark right of applicant for the declaration: Figurative mark ‘BASILE’ (Italian registration No 738 901 and international registration No R 413 396 B) for goods in Class 25.

Trade mark right of applicant for the declaration:

Decision of the Cancellation Division: Allowed the application for annulment and declared the Community trade mark in its entirety to be invalid.

Decision of the Cancellation Division:

Decision of the Board of Appeal: Dismissed the appeal.

Decision of the Board of Appeal:

Pleas in law: Incorrect application of Article 52(1)(a) and Article 53(2) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1) and lack of likelihood of confusion.

Pleas in law:

1

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(1)  OJ 1994 L 11, p. 1.

1

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