Source: EURLEX
Language: en
Format: md

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| 3.3.2012 | EN | Official Journal of the European Union | C 65/15 |

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Action brought on 30 December 2011 — Polytetra v OHIM — EI du Pont de Nemours (POLYTETRAFLON)

(Case T-660/11)

2012/C 65/29

Language in which the application was lodged: English

Parties

Applicant: Polytetra GmbH (Mönchengladbach, Germany) (represented by: R. Schiffer, lawyer)

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

Other party to the proceedings before the Board of Appeal: EI du Pont de Nemours and Company (Wilmington, United States)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 September 2011 in case R 2005/2010-1; and |

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

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘POLYTETRAFLON’, for goods and services in classes 1, 11, 17 and 40 — Community trade mark application No 6131015

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 432120 of the word mark ‘TEFLON’, for amongst others, goods and services in classes 1, 11, 17 and 40

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the Community trade mark application

Pleas in law: Infringement of Articles 8(1)(b), 15(1), 42(2) and (3) of Council Regulation No 207/2009, insofar as the Board of Appeal wrongly concluded that there was a likelihood of confusion between the mark applied for and the earlier mark and that genuine use for the earlier mark was proven.

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