Source: EURLEX
Language: en
Format: md

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| 4.2.2012 | EN | Official Journal of the European Union | C 32/38 |

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Action brought on 30 November 2011 — Yueqing Onesto Electric v OHIM — Ensto (ONESTO)

(Case T-624/11)

2012/C 32/76

Language in which the application was lodged: English

Parties

Applicant: Yueqing Onesto Electric Co. Ltd (Zhejiang, China) (represented by: B. Piepenbrink, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ensto Oy (Porvoo, Finland)

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 20 September 2011 in case R 2535/2010-2; and |

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| — | Order that 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 figurative mark ‘ONESTO’, for goods in class 9 — Community trade mark application No W00909305

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 1980242 of the figurative mark ‘ENSTO’, for goods in classes 7, 9 and 11; Community trade mark registration No 40600 of the word mark ‘ENSTO’, for goods in classes 7, 9, 11 and 16; Finish trade mark registration No 218071 of the word mark ‘ENSTO’, for goods in classes 7, 9 and 11

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

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

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal erroneously found that there exists a likelihood of confusion between the earlier mark and the Community trade mark application.

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