Source: EURLEX
Language: en
Format: md

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| 17.12.2011 | EN | Official Journal of the European Union | C 370/25 |

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Action brought on 7 October 2011 — Luxembourg Patent Co. v OHIM — DETEC (FIREDETEC)

(Case T-527/11)

2011/C 370/43

Language in which the application was lodged: English

Parties

Applicant: Luxembourg Patent Co. SA (Lintgen, Luxembourg) (represented by: K. Manhaeve, lawyer)

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

Other party to the proceedings before the Board of Appeal: Sistemas de Seguridad, Detección y Extinción de Incendios, SL (DETEC) (Madrid, Spain)

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 26 July 2011 in case R 736/2010-4 insofar as it has declared the opponent’s opposition successful against the applicant’s trademark application for ‘fire-extinguishing apparatus; fire-extinguishing apparatus for automatic and independent detection and extinguishing of fires’ in class 9 and ‘development of fire extinguishers and fire extinguishing apparatus’ in class 42; and |

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| — | Order the defendant and — if applicable — the other party to the proceedings before the Board of Appeal to jointly and severally pay all the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘FIREDETEC’ for goods in classes 1, 9, 17 and 42 — Community trade mark application No 4904389

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: Spanish trade mark registration No 1759982 of the figurative mark ‘DETEC’, for goods in class 9; Spanish trade mark registration No 1759983 of the figurative mark ‘DETEC’, for services in class 37; Community trade mark registration No 3813219 of the figurative mark ‘DETEC Sistemas de Seguridad, Detección y Extinción de Incendios, SL’, for goods and services in classes 9, 37 and 45

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed the existence of likelihood of confusion between the applied mark and the opposed mark.

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