Source: EURLEX
Language: en
Format: md

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| 7.1.2012 | EN | Official Journal of the European Union | C 6/21 |

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Action brought on 26 October 2011 — tesa v OHIM — Superquimica (tesa TACK)

(Case T-555/11)

2012/C 6/38

Language in which the application was lodged: English

Parties

Applicant: tesa SE (Hamburg, Germany) (represented by: F. Schwab, lawyer)

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

Other party to the proceedings before the Board of Appeal: La Superquimica, SA (L’Hospitalet de Llobregat, Spain)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 July 2011 in case R 866/2010-1, and annul the decision of the Opposition Division in case No B 1301987; and |

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

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘tesa TACK’, for goods in class 16 — Community trade mark application No 6233506

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 585323 of the word mark ‘TACK’, for goods in class 16; Spanish trade mark registration No 2515958 of the figurative mark ‘TACK Ceys’, for goods in class 16

Decision of the Opposition Division: 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 opposing marks.

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