Source: EURLEX
Language: en
Format: md

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| 14.4.2012 | EN | Official Journal of the European Union | C 109/30 |

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Action brought on 16 February 2012 — Wahl v OHIM — Tenacta Group (bellissima)

(Case T-77/12)

2012/C 109/60

Language in which the application was lodged: German

Parties

Applicant: Wahl GmbH (Unterkirnach, Germany) (represented by: T. Kieser, lawyer)

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

Other party to the proceedings before the Board of Appeal: Tenacta Group SpA (Azzano S. Paolo, Italy)

Form of order sought

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| — | Alter the decision of the Second Board of Appeal of 21 November 2011 so as to reject Opposition No B1560781 of 2 November 2009 to Community trade mark No 004534889; |

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| — | in the alternative, alter the decision of the Second Board of Appeal of 21 November 2011 so as to reject Opposition No B1560781 of 2 November 2009 to Community trade mark No 004534889 in relation to registration of the trade mark applied for in respect of goods in Class 7; |

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| — | order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Wahl GmbH.

Community trade mark concerned: Figurative mark ‘bellissima’ for goods in Classes 7 and 8 (application No 8406704).

Proprietor of the mark or sign cited in the opposition proceedings: Tenacta Group SpA.

Mark or sign cited in opposition: Figurative mark ‘bellissima IMETEC’ for goods in Classes 9 and 11 (Community trade mark No 4534889).

Decision of the Opposition Division: Opposition allowed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009, as there is no likelihood of confusion between the marks at issue.

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