Source: EURLEX
Language: en
Format: md

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| 18.12.2010 | EN | Official Journal of the European Union | C 346/55 |

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Action brought on 18 October 2010 — Höganäs v OHIM — Haynes (ASTALOY)

(Case T-505/10)

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2010/C 346/108

Language in which the application was lodged: English

Parties

Applicant: Höganäs AB (Höganäs, Sweden) (represented by: L.-E. Ström, lawyer)

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

Other party to the proceedings before the Board of Appeal: Haynes International, Inc. (Kokomo, USA)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 August 2010 in case R 1530/2009-4; |

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| — | Reject the opposition decision No B 85624; and |

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| — | Order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “ASTALOY”, for goods in class 6 — Community trade mark application No 3890233

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: Community trade mark registration No 55400 of the word mark “HASTELLOY”, for goods in class 6

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant considers that the contested decision infringes Articles 8 and 9 of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in its assessment of likelihood of confusion as well as in its assessment of the similarity of the contested trade mark.

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