Source: EURLEX
Language: en
Format: md

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| 17.4.2010 | EN | Official Journal of the European Union | C 100/64 |

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Action brought on 16 February 2010 — Flaco Geräte v OHIM — Delgado Sánchez (FLACO)

(Case T-74/10)

2010/C 100/94

Language in which the application was lodged: English

Parties

Applicant: Flaco Geräte GmbH (Gütersloh, Germany) (represented by: M. Wirtz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Jesús Delgado Sánchez (Socuellamos, Spain)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 November 2009 in case R 86/2009-2; and |

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

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘FLACO’, for goods in classes 7, 8, 9 and 11

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: Spanish trade mark registration of the mark ‘FLACO’, for goods in class 7

Decision of the Opposition Division: Partially rejected the application for the Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1) of Council Regulation No 207/2009 as the Board of Appeal wrongly took into account a wrong translation of the goods covered by the mark cited in the opposition proceedings; infringement of Article 42(2) and (3) of Council Regulation No 207/2009 as the Board of Appeal did not take into account the plea of non use filed by the applicant.

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