Source: EURLEX
Language: en
Format: md

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| 8.9.2012 | EN | Official Journal of the European Union | C 273/13 |

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Action brought on 26 June 2012 — EI du Pont de Nemours v OHIM — Zueco Ruiz (ZYTEL)

(Case T-288/12)

2012/C 273/23

Language in which the application was lodged: English

Parties

Applicant: EI du Pont de Nemours and Company (Wilmington, United States) (represented by: E. Armijo Chávarri, lawyer)

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

Other party to the proceedings before the Board of Appeal: Enrique Zueco Ruiz (Zaragoza, Spain)

Form of order sought

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| — | Set aside the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 March 2012 in case R 464/2011-2; and |

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| — | Order that the costs of the proceedings be borne by the defendant. |

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘ZYTEL’ for goods and services in classes 9, 12 and 37

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 369314, of the word mark ‘ZYTEL’, for goods in classes 1 and 17; Well-known mark ‘ZYTEL’, for goods in classes 1 and 17

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and Article 8(5) of Council Regulation (EC) No 207/2009.

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